California lawmaker says state should withdraw calls for constitutional convention before Trump takes office
Democratic California state Sen. Scott Wiener this week filed legislation to recall all of the state's requests for a U.S. constitutional convention, citing concerns about how a Republican-controlled federal government could strip away rights and change the document that serves as the country's foundation.
Wiener said state lawmakers should pass it before incoming President Donald Trump takes office on Jan. 20.
"We are getting dangerously close to the number of states required to actually trigger a constitutional convention, and although there are many things I'd like to rewrite in the Constitution, we are in a situation where we have an extremist, right-wing national government, and I personally don't want Jim Jordan and Donald Trump and JD Vance and Mike Johnson controlling what a constitutional convention looks like," Wiener told KCRA 3 in an interview.
Wiener's concern comes after the outcome of the election that will return Donald Trump to the White House and give Republicans control of the U.S. Senate and House of Representatives. According to the National Conference of State Legislatures, the majority of state legislatures (28 of them) have Republican majorities, while 18 of them will be controlled by Democrats. The rest of the states are split.
Texas Congressman Jodey Arrington, who is the chairman of the House Budget Committee, has also continued his calls for a constitutional convention, claiming enough states have already called for one and recently stressed the need to convene in order to address the nation's debt.
In order to trigger an Article V, or general constitutional convention, 34 states need to call for it. According to Common Cause, 28 states have made the request, meaning six more states are needed to trigger the process. Any changes made to the Constitution through the convention would need to be approved by 38 states.
Wiener worries that a lack of rules or limits on topics in an Article V convention could give Conservatives the ability to change various civil liberties or rights nationwide, including those related to abortion, the LGBTQ community and voting. He also noted special business interests could play a major role.
"We could see power plays by large corporations to protect their interests baked into the Constitution; we could see all sorts of bad things from my perspective and most Californians' perspective being inserted in the Constitution," Wiener said. "We should not be taking that risk."
California has made numerous calls for a constitutional convention in the last century. The most recent one was approved by state lawmakers in 2023 at the request of Gov. Gavin Newsom, who wanted one solely to focus on gun safety. Wiener, at the time, said he supported the governor's efforts on gun safety but opposed the idea of calling for the convention because of the lack of rules around topics.
Newsom has not yet weighed in on Wiener's proposal.
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