OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.J.R. 1 Resolution Analysis
135th General Assembly
Click here for S.J.R. 1’s Fiscal Note
Version: As Introduced
Primary Sponsors: Sens. Rulli and McColley
Effective Date:
Emily E. Wendel, Attorney
SUMMARY
 Applies for a federal convention of the states for the purpose of proposing an
amendment to the U.S. Constitution to institute term limits for members of Congress.
 Specifies that the application is valid only for the purpose of a convention that is limited
to considering congressional term limits.
DETAILED ANALYSIS
Application for a convention of the states
The resolution applies to Congress for a convention of the states1 for the purpose of
proposing an amendment to the U.S. Constitution to institute term limits for members of
Congress. The resolution states that the application should be aggregated with other state
applications for a convention on term limits, but not with any applications on any other subject.
Article V of the U.S. Constitution requires Congress to call a convention upon the
application of the legislatures of at least two-thirds of the states. Then, in order for any
amendments proposed by the convention to take effect, the states must ratify them using one
of two methods (Congress decides which method will be used): (1) approval by three-fourths of
the state legislatures or (2) approval of ratifying conventions in three-fourths of the states.
The U.S. Constitution does not specify how a convention to propose amendments to the
U.S. Constitution must be conducted or how its delegates are to be chosen. Further, the
Constitution does not indicate whether the states that apply for a convention may limit the
scope of amendments the convention is to propose. A convention of the states has never been
held under Article V. If Congress called a convention as a result of the resolution and others like
1 U.S. Constitution, Article V.
March 2, 2023
Office of Research and Drafting LSC Legislative Budget Office
it, and the convention proposed amendments not related to congressional term limits, it is not
clear whether a reviewing court would find the proposed amendments valid.
Transmittal of the resolution
The resolution directs the Clerk of the Senate to transmit copies of the resolution to the
President and Secretary of the U.S. Senate, to the Speaker and Clerk of the U.S. House of
Representatives, to the Chairperson of the U.S. House Judiciary Committee, and to each
member of the Ohio congressional delegation. The resolution also requires the Clerk to
transmit copies of the resolution to the presiding officers of each state legislature, requesting
their cooperation.
Background on congressional term limits
In 1992, the voters approved an amendment to the Ohio Constitution that instituted
term limits for Ohio’s members of Congress – two successive terms of six years in the
U.S. Senate and four successive terms of two years in the U.S. House of Representatives.
Separate amendments placed on the ballot at the same election, which also passed, imposed
term limits for members of the General Assembly and the Lieutenant Governor, Secretary of
State, Treasurer of State, Attorney General, and Auditor of State. (The Governor already was
subject to term limits.)2
However, those congressional term limits are not being enforced. The U.S. Supreme
Court ruled in 1995 that the states have no authority to change the qualifications for members
of Congress, as outlined in the U.S. Constitution. Congressional term limits may be enacted only
through an amendment to the U.S. Constitution.3
HISTORY
Action Date
Introduced 02-28-23
ANSJR0001IN-135/ks
2 Ohio Constitution, Article V, Section 8. See also Ohio Const., art. II, sec. 2; art. III, sec. 2; and art. V,
sec. 9.
3 U.S. Term Limits v. Thornton, 514 U.S. 779 (1995).
P a g e |2 S.J.R. 1
As Introduced