Opinion: Tempe lawmakers detail constitution convention dangers

By Sen Lauren Kuby and Rep. Brian Garcia, Tribune Guest Writers
Apr 27, 2025

We have long supported term limits for elected officials.

Career politicians are out of touch and do not represent the everyday hard-working Americans struggling with today’s challenges – high grocery costs, concerns over exorbitant medical bills, and prices at the pump.

Term limits in the US Congress would serve to decrease the influence of special interests who have way too much power in our current political system.

There are two ways we can change the Constitution, both found in our founding document’s Article V.

The most tried-and-true method – used 27 times in American history – includes the effort to give women the right to vote (19th Amendment). That process, wherein two-thirds of Congress and 38 states vote to amend the Constitution is clear and transparent and has allowed us to secure greater civil and human rights.

The second way to amend the Constitution is through an Article V Convention, wherein 34 states pass legislation to call a convention. While that action looks appealing at first glance, delving further into it, the risks that an Article Convention would pose are too consequential.

This second method is untested and risky. The Constitution does not provide any rules that would govern the process.

Due to the lack of provisions in the Constitution and lack of historical precedent, it is unknown how delegates to a convention would be chosen, where the convention would take place, and what rules would govern the process. There are no guidelines to limit a convention’s purpose.

While the initial purpose may be term limits, any constitutional issue could be brought up, placing our most basic freedoms on the chopping block, including marriage equality, abortion rights, freedom of speech, voting rights, labor rights, birthright citizenship and even efforts to make it legal for President Trump to run for a third term.

Another danger is that wealthy donors could hijack the process to open up our Constitution and re-do or eliminate entire sections to benefit their special interests.

To that end, several special interest organizations such as the American Legislative Exchange Council and mega donors such as the Koch donor network are behind this effort.

There is way too much at stake in today’s America, so we will continue supporting term limits, but not through an Article V Convention. The Arizona Legislature is currently debating HCR2041 a bill that would include Arizona as one of the states calling for an Article V Convention, and we are voting NO.

While term limits are important, maintaining the integrity of our Constitution at this pivotal time in history is a much greater responsibility.

To learn more about the dangers of an Article V convention, go to DefendOurConstitution.org.

State Sen. Lauren Kuby and state Rep. Brian Garcia represent Legislative District 8 (Salt River Pima-Maricopa Indian Community, half of Tempe/Scottsdale, and slivers of Mesa and Phoenix). Kuby is a former Tempe City Council member and vice mayor; Garcia is the former president of the Tempe Union High School District Governing Board.