By By Janine Hansen, Eagle Forum National Constitutional Issues Chairman

Many Trump supporters have understandably lost faith in the operation of our Constitutional Republic because of the irregularities in the 2020 election. Americans are frustrated by election fraud, corrupt judges, and a crooked Congress that confirmed the steal.

Our Constitutional Republic stands at a crossroads. Now more than ever, our activism is critical. BUT, we cannot allow our passion to be used to undermine and destroy our beloved U.S. Constitution.

Phyllis Schlafly, the founder of Eagle Forum, fought for decades against a dangerous threat to our Constitution: an Article V “convention for proposing amendments”. She dubbed it “Con-Con” – a Constitutional Convention. Such a convention would be a con on America. Article V is vague on rules, so convention rules will have to be written. The Constitution allows that when 34 states ask for a new convention, Congress “shall call a Convention” and that the amendments passed by the Constitutional Convention become part of the Constitution when ratified by three-fourths of the several states or by conventions in those states.

This ratification by the states may seem like a safeguard to a run-away Constitutional Convention, but is it? In the 1787 Constitutional Convention, which is the only national precedent we have, the ratification process was changed from a unanimous requirement in the Articles of Confederation to only nine states required in the New Constitution. In other words, the delegates changed the ratification process in the original Constitutional Convention before they sent the new constitution out to the states to be ratified. Nothing in Article V prohibits changes to the ratification process. Could that happen again?  In this political environment that is devoid of truth and the sacredness of our essential constitutional processes like elections, Americans have no guarantees.

If the delegates at a new Constitutional Convention felt that they could not get their many new amendments passed by enough states, they could change the number of states required to ratify their multiple amendments. Considering the deep divide between Red and Blue states, are there the required 38 states that could agree on any new amendment? So a logical solution to achieve the ratification of all the new amendments would be to change the ratification process and lower the number of states required for ratification.

Another important question is: who sets the rules for the Convention? Pro-convention groups like the Convention of States claim that “the states would set the rules”. How? Congress calls the Convention, sets the time and location, and then Congress would set the rules. Does that give you comfort knowing that Pelosi and Schumer would be deciding the rules for a Constitutional Convention and who controls the gavel

For example, former Senator Orrin Hatch of Utah had a set of rules for a Constitutional Convention passed by the U.S. Senate. These rules contained a provision that the votes accorded to the states would be according to the Electoral College. In other words, if your state has 8 Congressmen and 2 Senators, then your state would have 10 votes out of 538 at the Constitutional Convention. Radical California would have 55 and New York would have 29. Most Red states have much smaller populations and therefore much smaller representation.

How would the delegates to the Constitutional Convention be chosen? The only guidance in Article V is to leave that detail to the state legislatures. Do you have full confidence in your state legislature to choose delegates who would represent you and stand solidly behind our Constitutional Republic? Having worked in my own Nevada legislature for decades, I would say that state legislators have about as much integrity as the U.S. Congress. That’s downright scary to consider putting our sacred Constitution in the hands of compromised and corrupt politicians who are supposed to fix it.

At any new Constitutional Convention, the Bill of Rights would be re-written. The Second Amendment to keep and bear arms would be the first to go. As we have seen in the pandemic shutdown, our representatives will easily use the cudgel of “public safety and health” to put limits on our precious First Amendment rights of religion, speech, press, assembly, and petition.

Our U.S. Constitution has provided we the people with the framework for a more perfect union. We cannot allow a Con-Con that could destroy the framework of our liberties.

What can you do to protect our U.S. Constitution?

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