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Showing posts with label Constitutional Convention. Show all posts
Showing posts with label Constitutional Convention. Show all posts

Thursday, September 04, 2025

The Back Door to Authoritarian Rule to Put Our Fragile Democracy in Chains: Article V and the Far Right’s Constitutional Play


The Back Door to Authoritarian Rule to Put Our Fragile Democracy in Chains: Article V and the Far Right’s Constitutional Play

by

Angela Valenzuela, Ph.D.

Across the country, state legislatures dominated by hard-right majorities are quietly advancing resolutions to trigger an Article V constitutional convention. On the surface, these measures are framed as efforts to impose fiscal restraint or enact term limits. Yet as Nancy MacLean (2017/2023) warns in the updated edition of Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America, the real goal is far more sweeping: to exploit a little-known constitutional loophole to rewrite the very rules of American democracy itself.

Article V outlines two routes for amending the Constitution. Most Americans are familiar with the path requiring two-thirds approval in both houses of Congress and ratification by three-quarters of the states. Less well-known is the provision that allows two-thirds of state legislatures to call a constitutional convention with the power to propose sweeping amendments without congressional involvement (U.S. National Archives, n.d.). 

For MacLean, this obscure second route represents the “back door” through which today’s ultra-conservative movement hopes to hardwire minority rule into the nation’s foundational charter.

The risks of such a convention are not speculative. As Common Cause warned in its June 2025 reporting on Ohio, the state has become a flashpoint for outside interests pressing hard to pass resolutions that would make it the next domino to fall. 

National figures such as former Senator Rick Santorum and Florida Governor Ron DeSantis have appeared in Ohio to support resolutions, while advocates have cautioned that once called, a convention would operate without clear guardrails, raising the possibility of a free-for-all rewrite of the Constitution (Tebben, 2025). 

Texas Congressman Jodey Arrington (2022) has called for an Article V Constitutional Convention, as well. Critics going back to James Madison (1788) have underscored that such conventions are inherently risky precisely because of their lack of regulation once convened.

James Madison

By concentrating their efforts at the state level, rather than in Congress, reactionary operatives believe they can engineer a convention that would be less transparent, less accountable, and more insulated from public debate. Such a process, MacLean argues, could enable authoritarian actors to push forward constitutional changes—gutting voting rights, curtailing academic freedom, weakening checks and balances, and insulating elites from accountability—for generations to come. 

She traces these strategies back to the coldly calculating and deeply ideological economist James Buchanan, whose theories of limiting democracy and constraining majority rule have become the intellectual blueprint for today’s assault on democratic institutions (MacLean, 2017/2023).

Importantly, MacLean notes that these designs have not gone unnoticed. She highlights the vital work of Common Cause, a nonpartisan democracy watchdog, which has tracked and exposed the stealth campaign for an Article V convention. Through state-by-state monitoring, public reports, and grassroots mobilization, Common Cause has revealed how dark money networks and partisan operatives cloak their agenda under the language of “fiscal responsibility” or “term limits.” 

Their Ohio findings add urgency. Beneath the surface of what looks like incremental reform lies a coordinated effort to tilt power permanently toward wealthy elites. By bringing these hidden strategies into public view, Common Cause has become an essential counterweight, mobilizing citizens to resist what MacLean describes as nothing less than an attempt to put “democracy in chains.”

What can you do? First, educate yourself about this stealth agenda. Nancy MacLean’s Democracy in Chains (2023 updated edition, also available as an audiobook) is a great place to start. Stay informed by following Common Cause’s updates on Article V, and if you are able, consider donating to support their vital work defending democracy. Contact your state representatives to make your concerns about an Article V convention clear. 

Remember that phrases like “fiscal restraint” and “term limits” may sound reasonable on the surface, but they are often used as Trojan horses to advance a much broader agenda of weakening democratic institutions and consolidating power in the hands of a few. This is not just a theoretical debate—it is an active campaign unfolding in state legislatures across the country. Our responsibility is to stay vigilant, informed, and engaged so that we can protect the Constitution from being rewritten in secret.

References

Arrington, J. (2022, July 20). Arrington introduces legislation calling for a Convention of States to propose a fiscal responsibility amendment to U.S. Constitution [Press release]. U.S. Representative Jodey Arrington. https://arrington.house.gov/news/documentsingle.aspx?DocumentID=782

Common Cause. (n.d.). Article V constitutional conventionhttps://www.commoncause.org/our-work/amending-constitution/article-v/

MacLean, N. (2017/2023). Democracy in chains: The deep history of the radical right’s stealth plan for America (Updated ed.). Penguin. https://www.penguinrandomhouse.com/books/533763/democracy-in-chains-by-nancy-maclean/

Madison, J. (1788, November 2). Letter to George Lee Turberville. In W. T. Hutchinson & W. M. E. Rachal (Eds.), The Papers of James Madison (Vol. 11). University of Chicago Press. https://founders.archives.gov/documents/Madison/01-11-02-0243

Tebben, S. (2025, June 12). Ohio ‘state to watch’ for U.S. constitutional convention measures, concerned advocates say.Ohio Capital Journal. https://ohiocapitaljournal.com/2025/06/12/ohio-state-to-watch-for-u-s-constitutional-convention-measures-concerned-advocates-say/

U.S. National Archives. (n.d.). Constitutional amendment process. https://www.archives.gov/federal-register/constitution.


Saturday, September 23, 2023

The Imminent Threat of a Constitutional Convention & Invitation from Nancy MacLean, Ph.D., author, Democracy in Chains

 Friends:

Consider signing up for this important webinar next Tuesday, featuring political historian, Dr. Nancy ,MacLean, author of Democracy in Chains. A radical re-write of the U.S. Constitution is incredibly serious, including, for starters, a diminishment of Fourteenth Amendment rights that guarantee us all equal protection under the law. 

I've read her outstanding book, Democracy in Chains, and have assigned it to my students, as well, over the years. Her book has received significant acclaim Winner of the Lillian Smith Book Award, the Los Angeles Times Book Prize and Finalist for the National Book Award The Nation's "Most Valuable Book."

Here is a link to one of several Youtube videos where Nancy is featured.I just registered. Forewarned is forearmed.

-Angela Valenzuela



View invitation in browser.

Friends,
 
As you know, I have warned that the Koch network’s checkmate strategy to shackle democracy is a Constitutional Convention. And they are now close to achieving it.
 
In a new preface to Democracy in Chains just published, I explain the convention strategy and its progress in more detail (along with the mutually advantageous relationship between the Koch network and the Trump administration that produced closer fusion between libertarianism and reactionary populist authoritarianism). 
 
The webinar Tuesday will orient attendees to the mounting danger. If the Republicans manage to gain control of Congress in November of 2024, they will surely convene the convention that Republican-dominated states have authorized – and employ a crooked accounting of state authorizations trumpeted by the Federalist Society to yield the required 34 states.  

Please join me, former Wisconsin U.S. Senator Russ Feingold, and other experts for a webinar this coming Tuesday sponsored by the American Constitution Society, Common Cause, and the Center for Media and Democracy to learn more.
 

The Imminent Threat of a Constitutional Convention


The Far Right is waging a dangerous, dark money campaign to force a constitutional convention that could radically rewrite the U.S. Constitution and severely hamper the federal government’s ability to address some of today’s most pressing problems. California Governor Gavin Newsom’s recent pursuit of a constitutional convention to specifically address gun violence could inadvertently advance those efforts. What threats does the Far Right’s strategy pose to our foundational governing institutions and the hard-won progress America has achieved in our pursuit of a truly pluralistic, multiracial democracy?
 
Speakers:
Arn PearsonCMD Executive Director (moderator)
 
Russ FeingoldACS President; co-author of The Constitution in Jeopardy
 
Nancy MacLean, William H. Chafe Distinguished Professor of History and Public Policy, Duke University; author of Democracy in Chains
 
Jonathan Mehta SteinExecutive Director, California Common Cause
The American Constitution Society is a State Bar of California approved CLE provider. This event has been approved for 1 hours of California MCLE credit.
 
As the nation's leading progressive legal organization, ACS is committed to ensuring that all aspects of our events are accessible and enjoyable for all. If you require any accommodations, please contact us at info@acslaw.org.
 
REGISTER HERE 
(If that button doesn’t work, go here to register: https://www.acslaw.org/event/the-imminent-threat-of-a-constitutional-convention/)
 
Please join us if you can, read up if you can’t, and help alert your networks to this urgent danger and the need to get to work early in the states now to stave off this threat in 2024. The stakes of this election are far higher than people now realize.
 
Yours in the work,
Nancy