Article V Convention

Watchdog groups like the American Constitution Society and Common Cause are sounding the alarm over the real danger of such a convention. “The worst case scenario is that [an Article V convention] puts all of our cherished constitutional rights and civil rights completely up for grabs,” Stephen Spaulding, vice president of Common Cause, testified at Johnson’s subcommittee hearing last month.

“It’s a really contorted argument to try to say, ‘Hey, we have to throw out this election in this jurisdiction but not for other offices,’” said Aaron Scherb, director of legislative affairs for Common Cause, a nonprofit involved in the arguments before the Supreme Court in Moore.

“The model bills sound like they are protecting our country but are actually designed to protect corporate interests. We have to shine a light on this,” said Viki Harrison from Common Cause, a group which for years has pushed corporations to break ties with Alec over the racist impact of its legislation.

Jonathan Mehta Stein, executive director of California Common Cause, said the risk of a runaway convention is too great, because there are very few rules in place. "We would have no idea who's seeking to influence the members of the constitutional Convention," Stein pointed out. "What lobbying would be happening behind the scenes? Would there be public-records requirements? Would there be transparency requirements? We just have no idea."

Today at 2:00 p.m. ET, the House Judiciary Subcommittee on the Constitution and Limited Government will hold a hearing on "Examining Proposed Constitutional Amendments," including to review Article V of the Constitution and proposed amendments. Stephen Spaulding, Common Cause Vice President for Policy & External Affairs, will be testifying on the dangers inherent in calling an Article V constitutional convention. His written testimony submitted in advance of the hearing focuses on the risks and unpredictability of calling a constitutional convention but initially emphasizes the manner the nation has relied upon to amend the Constitution more than two dozens times in the past.

Critics note there are no guarantees that the convention would be limited to gun control if triggered. The nonpartisan democracy advocacy group Common Cause earlier this week blasted the push, noting a convention lacks legal guardrails and historical norms. "By calling a constitutional convention, Governor Newsom would invite wealthy special interests to open the hood of the U.S. Constitution and tinker with our rights and liberties—without a single rule," the group said in a news release. "There are few risks to the freedoms we cherish greater than calling for a constitutional convention. No matter what issue you care about—civil rights, abortion, housing, the environment, or gun safety — an Article V Convention carries the potential to take us back rather than move us forward."