The Statue of Liberty (photo: Kevin P. Coughlin/Governor's Office)

On January 6, 2021, Americans watched in horror as right-wing extremists tried to violently overthrow our government and pull down the foundations of our democracy. To anyone who saw those shameful events unfold it should come as no surprise that the same anti-democratic forces that stirred up the insurrection on January 6 now have their sights set on the United States Constitution. They hope to do the Constitution the same violence they perpetrated on the U.S. Capitol, with the goal of rolling back women’s rights, destroying our climate, stripping Americans of their civil liberties, and diluting federal powers that protect Americans in every aspect of their lives. 

Sound alarmist? Unfortunately, it’s not. But New York lawmakers have the power to stop them in their tracks with the stroke of a pen. 

There is a resolution currently in the State Legislature that would stymie the extremists’ strategy by immediately removing New York from the list of states calling for an Article V convention. 

So what is an Article V convention?

Article V of the United States Constitution provides for one of two ways to amend the country’s central governing document. The way most of us are familiar with involves a two-thirds vote in both the U.S> Senate and the House of Representatives, which then must be ratified by the states. The other way is by calling for a convention with two-thirds of the states in agreement (34 total) through the passage of resolutions in local statehouses. Proponents of an Article V strategy already have 29 states. New York could be next.

Who exactly is behind this effort? A group called the Convention of the States has been working towards this goal for years, with well known right-wing radicals like Ben Shapiro and Rick Santorum featured on their website. The group’s main agenda is clear: using a limited Article V Convention call to propose constitutional amendments that impose, at a minimum, limitations on the size and scope of the federal government. As former Justice Antonin Scalia put it: “Who knows what would come out of it?”

We do. And it’s chaos.

During an Article V convention there are no rules, guidelines, or even language on how it could work. Once the convention is called, there is an opportunity for a runaway train scenario that could potentially rewrite any constitutional right or protection currently available to American citizens. Here in New York that could be a death knell for the very rights we are fighting to protect and expand. We pride ourselves on leading the way on labor rights. We raised the minimum wage. We protect our families by offering paid leave. We are a proud union state. We’ve safeguarded a woman’s right to choose, expanded gun safety protections, and taken meaningful steps in revamping our state’s ethics board. We invested in resiliency and climate action. But with the threat – and reality – of a convention, these rights, and investments, could very well be stripped away. And we can’t let that happen. 

States like New Mexico, Maryland, Nevada, and Delaware have already moved to protect their residents and the country, and New York should be next. At a time of extraordinary threats to our rights as Americans and our very democracy itself, the United States Constitution stands as a bulwark against a rising tide of destructive and hateful ideologies. We can’t allow it to be torn down.

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Susan Lerner is the executive director of Common Cause/NY and Liz Krueger is a state senator representing Manhattan. On Twitter @slerner212 & @LizKrueger.