SCR143

A Concurrent resolution applying to the Congress of the United States for the calling of an Article V Convention of States for the purpose of requiring a balanced federal budget, imposing term limits, and revising the method for awarding electoral votes.

Whereas, The founding fathers of our nation created a mechanism within our federal Constitution to provide state legislatures with the means to call for amendments to that Constitution, which may be used to address potential abuses of power within the federal government; and

Whereas, The federal government has created a crushing national debt through improper and imprudent spending; and

Whereas, Amending the United States Constitution to require a balanced federal budget would mandate and create more responsible spending by the federal government; and

Whereas, The public has lost confidence in the ability of members of the United States Congress to always act in the best interests of the country, having instead become more interested in taking action that is most advantageous to the member’s own prospect of reelection; and

Whereas, A constitutional amendment imposing reasonable term limits on members of Congress would restore the people’s confidence by allowing for new ideas and fresh perspectives to be brought to the federal legislative process and by diminishing incentives for wasteful election-related spending through the mandate of more frequent legislative turnover; and

Whereas, The average tenure of a Supreme Court Justice has lengthened significantly since the federal Judiciary was created in the 1700’s, resulting in a substantial increase in influence of the nine justices which was not envisioned by the framers of the Constitution who created the federal Judiciary; and

Whereas, Constitutional term limits on the tenure of Supreme Court Justices would create a more regular and less politically divisive process for such judicial appointments; and

Whereas, The method for awarding electoral votes for presidential candidates through the electoral college is based on an antiquated and outdated system and may not represent the will of the people or the actual votes cast by the electorate; and

Whereas, Providing a new constitutional mechanism for awarding electoral votes for President, such as the Congressional District Method, currently used by Maine and Nebraska which distributes electoral votes based on who wins the popular vote in each of the state’s congressional districts, could create a more realistic representation based on actual votes; and

Whereas, Calling for a Convention of States to consider placing appropriate restrictions on the federal budget process, the terms of members of Congress and the Supreme Court Justices, and the procedure for allocating electoral votes is the solemn duty of the state legislatures as such potential amendments to the Constitution of the United States protect the rights of our people and the effectiveness of our government; now, therefore,

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The Legislature of the State of New Jersey makes application to the Congress of the United States for the calling of an Article V Convention of States for the limited purpose of proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government by requiring a balanced federal budget, reasonable term limits on members of Congress and the Supreme Court, and change the allocation of electoral college votes for President of the United States.

2. This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two-thirds of the several states have made application on the same subject.

3. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the President and Vice President of the United States, the Speaker of the United States House of Representatives, the Minority Leader of the United States House of Representatives, the Majority and Minority Leaders of the United States Senate, each Senator and Representative from New Jersey in the Congress of the United States, the governor of each state, and the presiding officer of each house of each state legislature in the United States, requesting their cooperation, and the National Archives.

STATEMENT

This concurrent resolution applies to the United States Congress for the calling of an Article V Convention of the States to consider potential amendments to the United States Constitution. These amendments would require a balanced federal budget, impose term limits on members of Congress and Justices of the Supreme Court, and change the distribution of electoral college votes for presidential candidates to the Congressional District Method currently used in Maine and Nebraska. Such amendments would not only guard against potential abuses of governmental power, but would also serve to strengthen and reaffirm the people’s confidence in our federal government and its processes.

A constitutional requirement for a balanced budget would curb wasteful spending by the federal government. Congressional term limits would provide new perspectives and greater accountability in federal governance. Term limits for Supreme Court Justices would provide greater opportunity for elected officials to make appointments to the Judiciary. Instituting a new method for distributing electoral votes would provide greater assurances that the voice of the American people is heard. The founders of this nation provided the state legislatures with an important mechanism for ensuring that the power of the federal government can be limited to avoid abuse of power. This concurrent resolution seeks to use that mechanism now.