Our democracy is facing a potentially lethal threat. I’m not talking about January 6th or the growing threats of election subversion. I’m talking about a potential constitutional crisis, the likes of which we have never seen in this country.
There are factions of the Right working to radically rewrite the U.S. Constitution, and if they get their way, we could reach a day when we no longer recognize our federal government or our founding document.
One of the defining features of our Constitution is that it can be amended. Article V of the Constitution sets out two methods for amendment. One method is by having 2/3rds of both chambers of Congress propose an amendment that is then ratified by 3/4 of state legislatures. This is how we’ve achieved all 27 amendments to the Constitution.
The other method is to have 2/3rds of all state legislatures apply for an Article V Convention and then to have 3/4ths of the states ratify any amendments proposed by the Convention. Not only has this method never been utilized before, it is completely unclear how an Article V Convention would work in practice. The Constitution says nothing about how delegates would be selected or how amendments would be agreed to, and there is little from history that provides answers to these and a host of other quintessential questions.
In sum, there is complete uncertainty as to how a constitutional convention would unfold, and this uncertainty is exactly why factions of the Right are so interested in having one convened. Amidst the uncertainty, factions of the Right see an opportunity to control the process and advance radical alternative theories for American governance. These include disassembling modern government as we know it and the century-old New Deal consensus, replacing it with a minimalist federal government that can do little to provide for national welfare or defense.
A convention could also be an opportunity for the Right to win certain culture wars, for instance by banning abortion and enshrining extremist interpretations of the 2nd Amendment. It is not hyperbole to say the changes sought could be lethal to American democracy should the far Right get the convention they are hoping for.
Just like the Right spent decades prioritizing the federal courts in order to eventually succeed in packing the Supreme Court. The far Right is willing to play the long game with a constitutional convention. They already have been working on this for years, including by holding mock conventions. They’ve spent years trying to convince state legislatures to apply for a convention. This is why we need to sound the alarm! Because we are already behind the curve.
Our Constitution is by no means perfect. It continues to suffer from founding failures and has contributed to inequity across this country. There is a conversation to be had about amending the Constitution. But such a conversation must be transparent and inclusive. And that is exactly what the Right’s effort is not.
We need to sound the alarm about the far Right’s effort to radically rewrite our Constitution.
Talk to your friends and family about it. Write to your state legislators and express your concerns about this effort to convene an Article V Convention. Speak out on social media. Together, we can shine a spotlight on this effort and help protect our constitutional democracy.
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Russ Feingold served nearly two decades in the United States Senate and is president of the American Constitution Society. Join ACS here.