A Constitutional Convention? Some Democrats Fear It’s Coming
As Republicans prepare to take control of Congress and the White House, Democrats are growing increasingly anxious about a possibility that has long been considered a historical relic: a constitutional convention. This event, in which state representatives would convene to rewrite the Constitution, is allowed by Article V, which states that a convention can be held if two-thirds of state legislatures request one.
While no constitutional convention has been held since 1787, many states have long-forgotten requests on the books that could be enough to trigger a new convention. Some scholars and politicians believe that if a sufficient number of states request a convention, the option to hold one becomes available.
In California, a Democratic state senator, Scott Wiener, will introduce legislation on Monday that would rescind the state’s seven active calls for a constitutional convention. Wiener believes that Republicans could call a convention on the premise of producing an amendment requiring a balanced budget, then open the door for a “free-for-all” in which a multitude of other amendments are considered.
Representative Jodey Arrington, a Republican from West Texas and chairman of the House Budget Committee, has been a leading proponent of a constitutional convention. He has introduced legislation that would require the head of the National Archives to track state applications.
The founding document does not provide guidelines for how the gathering would function, and scholars are unclear how even the most basic questions would be resolved. More than 34 states appear to have standing requests to change the Constitution, some dating back more than 150 years.
Democrats are worried that a convention could be used to pursue conservative revisions to the Constitution, restricting abortion access or civil rights. They fear that if a convention were held, it could “shred the Constitution.”
California is not alone in rescinding its constitutional convention requests. Since 2016, nine states that had previously requested conventions have done so, with some Democrats even introducing resolutions to take back their applications.
Erwin Chemerinsky, dean of the University of California, Berkeley, School of Law, called the concerns of Democrats “very legitimate.” While some Democrats dismiss the possibility of a convention, experts warn that the legal ambiguity around how to convene one makes it difficult to predict what will happen.
Wiener’s legislation, if enacted, would join other Democratic-led states that have withdrawn their calls for conventions since 2016, including New Jersey, Oregon, and Illinois. The outcome is uncertain, but Democrats are taking precautions to ensure that a constitutional convention will not take place.