A Constitutional Convention? Some Democrats Fear It’s Coming.

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Some Republicans have said that a constitutional convention is overdue. Many Democratic-led states have rescinded their long-ago calls for one, and California will soon consider whether to do the same.

Guards stand on each side of the Constitution in the rotunda at the National Archives.
Guards stand next to the U.S. Constitution at the National Archives in Washington in D.C.Credit...Ron Edmonds/Associated Press

Heather KnightKate Selig

Dec. 16, 2024, 9:00 a.m. ET

As Republicans prepare to take control of Congress and the White House, among the many scenarios keeping Democrats up at night is an event that many Americans consider a historical relic: a constitutional convention.

The 1787 gathering in Philadelphia to write the Constitution was the one and only time state representatives have convened to work on the document.

But a simple line in the Constitution allows Congress to convene a rewrite session if two-thirds of state legislatures have called for one. The option has never been used, but most states have long-forgotten requests on the books that could be enough to trigger a new constitutional convention, some scholars and politicians believe.

Some Democratic officials are more concerned than ever. 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, the first such move since Donald J. Trump’s election to a second term.

Mr. Wiener, who represents San Francisco, and other liberal Democrats believe there is a strong possibility of a “runaway convention.” They say that Republicans could call a convention on the premise, say, of producing an amendment requiring that the federal budget be balanced, then open the door for a free-for-all in which a multitude of other amendments are considered, including some that could restrict abortion access or civil rights.

“I do not want California to inadvertently trigger a constitutional convention that ends up shredding the Constitution,” Mr. Wiener said in an interview.


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