The biggest threat to our democracy that nobody is talking about is the real possibility of a rogue Constitutional convention – empowering extremists to radically reshape the Constitution, our laws, and our country.
If just a few more states sign on to what’s called an “Article V convention” for a balanced budget amendment, there’s no limit to the damage they might do.
Let me explain.
There are 2 ways to amend the United States Constitution: One way – the way we’ve passed every amendment since the Bill of Rights – is for two-thirds of the House and two-thirds of the Senate to vote for a proposed amendment, and then have it ratified by at least three quarters of the states – now 38 in number.
But there’s a second way to amend the Constitution. Two thirds of the states may demand that Congress form a constitutional convention to propose amendments.
Once such a constitutional convention is convened, there are no rules to limit or constrain what comes next.
Amendments proposed by an Article V convention are supposed to be ratified by 38 states. But convention delegates could hijack the process and change the ratification process itself, tossing out the 38 state requirement.
A balanced budget amendment would be crazy enough. But nothing would be safe. A woman’s right to choose. Marriage equality. First Amendment protections for free speech and a free press. Equal protection of the laws. Checks and balances.
An Article V convention would allow delegates to write their own agenda into our Constitution.
