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….
Since 2016, the year Mr. Trump was elected president the first time, nine states that had Democratic-controlled legislatures have been concerned enough that they rescinded their decades-old requests for constitutional amendments, sometimes with support from their fellow Republican legislators. They feared that they were leaving open the door for a Republican-led Congress and state legislatures to pursue a conservative revision of the laws underpinning national governance.
The founding fathers set almost no rules governing how such a constitutional convention would work. Article V of the Constitution says that the document can be amended if legislatures in two-thirds of states — now 34 out of 50 — agree to convene for the purpose. But it does not set guidelines for how the gathering would function. If the convention produces a proposed amendment, the change would still need to be ratified by three-fourths of the state legislatures….