CALIFORNIA FOCUS
FOR RELEASE: FRIDAY,
APRIL 11, 2025, OR THEREAFTER
BY
THOMAS D. ELIAS
“CONSTITUTIONAL CONVENTION? WHY OPEN PANDORA’S
BOX?”
Two
of California’s last three governors have wanted to help organize and promote
constitutional conventions, either on the state or federal level. They’ve both
been dangerously wrong about this.
Former
Gov. Arnold Schwarzenegger wanted only a state convention, aiming to take some
of the clumsiness out of California’s governing documents, which changes as
often as every two years if voters pass ballot initiatives.
But
current Gov. Gavin Newsom is more ambitious, seeking the first national
constitutional convention since 1787, even before George Washington was elected
president.
Newsom
thinks he can confine such a convention to one issue: gun control.
Ironically,
these seemingly simple calls from a moderate Republican and a liberal Democrat
put them both in the camp of the far-right Republicans of the Convention of
States organization, which has been seeking a national constitutional revision
meeting for years. So far, the COS effort has garnered support from more than
half the 34 states needed to call a convention.
Like
Newsom and Schwarzenegger, COS claims its convention could be confined to its
narrow goals, which include imposition of severe spending restraints on
Congress, along with term limits for senators and Congress members and a few
other officials. (Presidents are already limited to two terms by the existing
Constitution’s 22nd Amendment.)
And
there’s the problem: Because there’s never been a second constitutional
convention, no one knows if such a gathering’s activity can be confined to one
or two subjects, or whether everything would become fair game. The First
Amendment, guaranteeing free speech and freedom of religion, might disappear.
So might the Second Amendment’s guarantees of gun rights. Or the 14th
Amendment guarantees of due process in all criminal proceedings. And on and on.
In
short, a constitutional convention would be a Pandora’s Box and no one knows
what institution might supervise or limit its scope. For just one example,
since the Constitution sets up the Supreme Court as one of today’s major
authorities, why would anyone believe that court’s justices might have
jurisdiction over the doings of a constitutional revision convention that might
potentially change or eliminate the court itself?
That’s
why San Francisco’s ultra-leftist Democratic state Sen. Scott Wiener wants the
Legislature this year to revoke its approval of a resolution calling for a
convention to deal with gun control. Wiener, who has been wrong about many
things including reshaping California housing to make it far more dense than
before, is right about this. There’s even the possibility that California’s
call for a gun control confab could be added to the COS efforts for a
convention dealing with vastly different issues. No one knows.
Said
Wiener, “There is no way I want California to accidentally help these
extremists trigger a constitutional convention where they (might) rewrite the
Constitution to restrict voting rights, to eliminate reproductive health access
and so forth.”
Wiener’s
fears are becoming more common, as states like Illinois and New Jersey, which
previously had open calls for a constitutional convention, have rescinded their
prior actions. Any that are not rescinded remain valid indefinitely and could
be used by COS or anyone else wanting to call a convention, whatever their
motives.
No
doubt a constitutional convention, whether at the state or federal level, would
be a delight for people who like to tinker with or brainstorm about government
structure. But it also could turn into a nightmare for those who treasure civil
liberties and protection against the tyranny of the majority when it comes to
things like taxation.
The
fact is, no one even knows how delegates to such a convention might be chosen,
or who would be eligible to serve. The current state and federal constitutions
indicate only they must represent different areas and states in proportion to
their population. Whether they would be elected or appointed by current
officeholders is an open question. For sure, there are no guarantees of which
groups would be represented and which might not.
The
bottom line: It’s best not to confront questions like this at all, since the
lack of existing rules could mean that decisions would be made by the loudest
among us, rather than the wisest. So why open this Pandora’s box at all?
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