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California's Constitutional Convention Reconsidered After Trump's Win

 December 18, 2024

In a surprising turn of events, California is set to reverse its call for a national constitutional convention in light of Donald Trump's recent election success.

California's prior initiative, led by Gov. Gavin Newsom in 2023, sought to push for a national convention to consider constitutional changes, as Breitbart reports, but that now appears to have gone out the window.

The purpose of the push was to propose new amendments, such as increasing the minimum age for gun possession to 21 and implementing universal background checks. However, with amendments requiring substantial congressional approval or a convention of the states under Article V, the process is complex.

Liberal Concerns Over Conservative Influence Rise

Conservatives have been advocating for an Article V convention for years, with the aim of introducing amendments that align with their interests. Among these are a fixed number of nine U.S. Supreme Court justices and an amendment enshrining the right to life. This momentum has sparked concern among California Democrats, who worry about potential shifts in constitutional protections.

State Sen. Scott Wiener has voiced significant opposition to proceeding with a convention at this time. Wiener's introduction of Senate Joint Resolution 1 aims to rescind California's earlier decision to call for a constitutional convention—a step he believes could endanger protections for various groups.

"The potential for damage is immense," Wiener stated. He warned that the convention could be exploited by some to reduce protections for women, LGBTQ rights, workers, and other vulnerable populations. His apprehension extends to the power dynamics that could be established if the process were influenced by corporate interests.

Amendment Process: A Double-Edged Sword

Launching a constitutional amendment requires either a two-thirds vote in Congress or a call from two-thirds of the states. The latter has gained traction among conservatives, with ongoing efforts to achieve the necessary number of states. As of now, 27 states have expressed support for convening a constitutional gathering, still falling short of the 34-state threshold.

The stakes for such a convention are high. Changes proposed during such an event would ultimately need approval from three-fourths of state legislatures, making this a rigorous and influential process. Nevertheless, the possibility of radical amendments, driven by doctrinaire factions, fuels California Democrats' skepticism.

Dora Rose, deputy director of the League of Women Voters of California, echoed these concerns. She argued that constitutional conventions could jeopardize fundamental rights and civil liberties and threaten the core values that underpin American democracy.

California's Shift in Strategy Explained

The skepticism stems from the political climate following Trump's electoral successes, prompting a reevaluation among state leaders. This development has led many elected officials in California to reconsider their position and pull back from the bold initiative they set forth last year.

Initially, the rationale for the convention was driven by a desire for stricter gun control measures, emphasizing safety and responsibility. However, given the recent political landscape, the inadvertent consequences of convening a constitutional convention could outweigh the intended benefits.

"Were a constitutional convention allowed to proceed now, it could be commandeered," Wiener cautioned. His fears are tied to the potential overreach that could arise during such a gathering -- from altering established rights to affecting the balance of power.

Future Prospects in a Changing Political Climate

The measure to withdraw the state's call is being fast-tracked to the legislative agenda, reflecting the urgency felt by many California Democrats. The move serves as a reminder of the unpredictable nature of the political landscape and the careful consideration required in proposing fundamental changes to the nation's founding document.

In the broader national context, the debate stirs significant interest. As states like California grapple with the implications of constitutional amendments, they must weigh the benefits of reform against the possibilities of sweeping changes that could undercut longstanding rights.

The push for a balanced national budget and congressional term limits, as outlined in conservative figures like Mark Levin's works, remains persistent. In 2013, Levin suggested such changes in his book The Liberty Amendments, which has influenced conservative circles championing a constitutional convention.

Conclusion on California's Legislative Developments

Ultimately, as the nation observes these discussions, the potential convening of states under Article V represents both an opportunity and a threat. For Newsom and California Democrats, the recent election results have prompted a reflection on this balance, leading to their reassessment of the convention call.

California's reassessment of its stance on calling a constitutional convention underscores the complexities of political strategy in today's climate. The shift, influenced by concerns over conservative amendments, highlights the caution required when navigating changes to foundational laws.

In this evolving political landscape, the decision to repeal California's call reflects a desire to protect democratic principles and civil liberties amid new challenges. California's leadership, through Sen. Wiener's proactive measures, seeks to ensure that the state's values remain safeguarded against potential overreach.

The coming months will reveal whether this move sets a precedent for other states reconsidering similar initiatives or if it sparks further debate on the merits and risks of a constitutional convention in the modern era.