Eleanor Finch
The GOP has been working towards rewriting the US Constitution, with 19 GOP states joining a conservative movement to call a convention. The convention would be the first of its kind since 1787, and the GOP would have the upper hand as it controls the legislatures in 30 states. The convention would allow the GOP to bypass Congress and amend the Constitution directly, with any amendments needing to be ratified by three-quarters of the states. While this may seem like a large number, Republicans only need to win five more states to reach this number. The movement is led by groups such as Convention of States Action (COSA), which aims to lock in right-wing ideologies and limit the powers of the federal government.
| Characteristics | Values |
|---|---|
| Number of states needed to call for a convention | 34 (two-thirds) |
| Number of states needed to ratify amendments | 38 (three-quarters) |
| Number of states controlled by the GOP | 30-31 |
| Number of states that have joined the movement | 19 |
| Number of states with active legislation regarding a convention | 18 |
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What You'll Learn
The GOP's plan to rewrite the constitution
The next step would be to convene the constitutional convention, where state delegates hand-picked by Republican politicians could vote to amend the Constitution. This is where the GOP's dominance in state legislatures gives them a significant advantage in shaping the amendments. However, any amendments adopted at the convention must still be ratified by three-fourths of the state legislatures, or 38 states, to become part of the Constitution.
The proposed amendments at such a convention could include a range of conservative priorities, such as imposing a balanced budget amendment, limiting the powers of the federal government, enacting term limits on political officeholders, and potentially more radical changes to gun, abortion, religious, or free speech rights.
The GOP's efforts to rewrite the Constitution have been characterized as a long game strategy, and some within the party acknowledge that it may take years to achieve their goal. They face opposition not only from Democrats but also from within their own ranks, as some Republican voters and lawmakers express concern over the potential consequences of a constitutional convention.
The success of the GOP's plan hinges on their ability to maintain and expand their control over state legislatures, as well as effectively navigating the complex process of amending the Constitution. While the prospect of a constitutional convention has raised concerns about the potential for far-reaching changes to the nation's foundational document, supporters argue that it is the best way to amend the Constitution and take power away from Congress.
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The number of states needed to call a convention
Article V of the US Constitution provides two ways to amend the nation's organizing document. The first is for a two-thirds majority of Congress (34 states) to propose an amendment, with three-fourths of states (38) ratifying it. This is how all 27 of the current amendments to the Constitution were added. However, due to partisan divisions, this path is largely blocked.
The second method is for two-thirds of the states (34) to adopt resolutions calling for a constitutional convention on a specific issue. Amendments adopted at a convention must be approved by three-fourths of the states (38). While this sounds like a lot, Republicans only need to win five more states to reach this number.
Currently, 19 GOP states have joined a growing conservative movement to call a new convention. The GOP controls the legislatures in 30 states and would have the upper hand in a convention, controlling at least 27 and up to 31 out of 50 delegations.
Supporters of a convention argue that it is the best way to amend the Constitution and take power away from Congress. However, critics worry about the potential consequences, such as a debate on imposing term limits or a balanced budget morphing into a full-fledged redesign of gun, abortion, religious, or free speech rights.
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The role of gerrymandering in the GOP's strategy
The US Constitution can be amended in two ways as per Article V of the US Constitution. The first is for a two-thirds majority of Congress to propose an amendment, with three-fourths of states ratifying it. The second method is for two-thirds of the states to call for a convention to amend the Constitution, with three-fourths of states then needing to ratify any amendments.
The GOP has been pursuing a strategy of seeking to amend the Constitution through a convention of states. This strategy has been in the works for several decades, with the GOP making significant progress in recent years. As of 2022, 19 GOP states have joined the movement to call for a convention, with the party controlling the legislatures in 30 states.
Gerrymandering plays a significant role in the GOP's strategy to rewrite the Constitution. Gerrymandering refers to the political manipulation of electoral district boundaries to favour a particular party, group, or socioeconomic class. This is done through "cracking," which involves diluting the voting power of the opposing party's supporters across multiple districts, and "packing," which involves concentrating the opposing party's voting power in a single district to reduce their influence in other districts. Gerrymandering can also involve "hijacking," which merges two districts and forces two incumbents to compete for the same seat, and "kidnapping," which moves an incumbent's home address into another district, making re-election more difficult.
The GOP has used gerrymandering to its advantage in several states. For example, in Pennsylvania, gerrymandering gave Republicans control over 13 of the state's 18 congressional districts, even when Democrats won the majority of the statewide congressional vote. In Indiana, Republicans turned a contested seat in Indianapolis into a safe GOP district by packing Democratic areas into a single district. In Utah, gerrymandering ensured Republican control over all four of the state's congressional districts, despite Salt Lake City, the state's largest metropolitan area, tending to vote Democratic.
By gerrymandering districts in their favour, the GOP can secure more seats in Congress and state legislatures, which gives them more power to push for a convention to amend the Constitution. This strategy is controversial and has been criticised as a corruption of the democratic process. However, the GOP argues that any amendments that emerge from a convention would have to be approved by a significant number of states, ensuring that only changes with broad support are made.
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The impact of a constitutional convention on the nation
The GOP's goal is to fundamentally remake the United States into a conservative nation. They seek to amend the Constitution directly, bypassing Washington politicians. The amendments proposed by the GOP include limiting the powers of the federal government, enacting term limits for political officeholders, and requiring a supermajority for Supreme Court decisions that invalidate a democratically elected law. One of the most controversial potential outcomes of a constitutional convention is the repeal of direct election of senators by voters, instead allowing state legislatures to select them, which would be an anti-democratic measure.
The impact of these amendments would be profound, potentially reshaping the nation's foundation and altering American society's very foundation. The GOP's dominance in state legislatures guarantees them an advantage in a convention, as they would control at least 27 and up to 31 out of 50 delegations. However, the exact mechanics of a convention are subject to intense debate, and there is no legal guidance on how it should work, from drafting to voting.
The ratification process for any amendments could also be changed, as it was in 1787 when the convention ignored the existing process and made ratification easier. To become part of the Constitution, amendments must be approved by three-quarters of the state legislatures, or 38 states. While this sounds like a lot, Republicans only need to win over five more states to reach this number, and with their proven ability to gerrymander and suppress votes, it is within the realm of possibility.
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The potential amendments the GOP could introduce
The GOP has been making efforts to change the US Constitution, with supporters arguing that a convention is the best way to amend it. While no amendments have been implemented through a convention since the Constitution was ratified in 1788, the GOP's control of legislatures in 30 states gives them an advantage in this venue. The potential amendments the GOP could introduce include:
Balanced Budget Amendment
The GOP has been pushing for a balanced budget amendment, which would require a super-majority for any tax increase and impose a cap on spending relative to GDP. This amendment would restrict future Congresses from balancing the budget by raising taxes.
Term Limits
GOP Senator Ted Cruz of Texas has been advocating for term limits, and historically, the GOP has supported limiting the President of the United States to two terms. This could be extended to include term limits for federal officials and members of Congress.
Gun Rights
While not an explicit amendment proposal, the GOP's push for control over how elections are run in Wisconsin and Minnesota, as well as their efforts to change the US Constitution, have alarmed Democrats who see this as an attempt to write conservative goals, such as protecting gun rights, into the Constitution.
Child Labor Amendment
Historically, the GOP has supported an amendment to give Congress the power to regulate labor conditions for people under 18 years of age. While this amendment was passed by Congress before the 1924 GOP convention, it still requires ratification by several more states.
Interstate Transportation Amendment
The 1916 Republican Party proposed an amendment to place the country's transportation system under federal control.
While the GOP has not explicitly stated all the amendments they intend to introduce, their efforts to call a convention and their control of state legislatures indicate a strong desire to reshape the Constitution.
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Frequently asked questions
The GOP has been working to gain control of state legislatures to call for a constitutional convention, where state delegates hand-picked by politicians can vote to amend the Constitution.
Two-thirds of the states, or 34, must pass a convention call for it to occur.
Amendments adopted at the convention must be approved by three-quarters of state legislatures to become part of the Constitution.
Proposed amendments include a balanced budget amendment, congressional term limits, and requiring a seven-justice supermajority for Supreme Court decisions.
