Redistricting Debacle Proves GOP Is Too Squishy For Convention

“Anything you can do, I can do better,” the famous duet from the musical “Annie Get Your Gun,” comes to mind as Republicans in blue states watch their red congressional districts disappear because Democrats turned the tables on President Donald Trump’s plan to push mid-decade redistricting to make it easier for the GOP to hold the House majority. Once Republican states decided to employ this strategy, Democrats would have been derelict not to do the same.

House Republicans leaders are beginning to realize that their chances of midterm victory may shrink because this Pandora’s Box was opened. It’s not just that blue states might create more safe seats than red states might. The debate has energized the Democrat base and allowed their big money donors to argue to the public that this is just another “authoritarian” attempt by Trump to rig the system.

Mid-decade redistricting for partisan reasons is not unconstitutional. However, just because you can do a thing, doesn’t mean you should. Republicans need to learn this lesson before embarking on another ill-conceived idea: an Article V convention for proposing amendments (CPA).

Former Sen. Alan Simpson, R-Wyo., famously quipped that Republicans are the “stupid party” and Democrats the “evil party.” MAGA and America First forces have demanded more action, but there is no indication the GOP has shed its “stupid party” tendencies. Republicans are still unable or unwilling to see the big picture, play the long game, and accurately predict Democrats’ response.

Convention Proposal

This bad habit is being repeated by some Republicans when it comes to an Article V convention. This so-called “conservative” movement claims that the only way to “bring power back to the states and the people” is by having state legislatures petition Congress to call a constitutional convention for proposing amendments (found in Article V of the Constitution but never used). They say since the federal government is not following the Constitution, the only solution is to add new amendments to force the feds to do what the people want. Since Congress seems unwilling to limit their own power, the states should demand a CPA to accomplish their goals.

Like the redistricting fight, conservatives are naïve to think that they will be able to control such a convention. One of the most well-funded advocates, Convention of States (COS), has held slickly manufactured “mock conventions” at which they “arranged the venue, the menu, the seating” to supposedly show how an actual one will occur. Gullible state legislators are told they will call the shots, even though the Constitution says nothing about by whom or how an Article V convention is to be organized.

Unclear Limits

Past congressional attempts to outline the rules for a potential CPA, including on delegate apportionment and qualifications, reveal confusion, not certainty. Various bills called for proportional state representation (think Electoral College), not one vote per state like the Philadelphia convention of 1787. That means states such as California, New York, and Illinois would have more power than Kansas, Utah, and North Dakota — the latter being three red states that have passed COS resolutions.

Article V backers such as Mark Levin, Gov. Ron DeSantis, and former Sen. Rick Santorum insist they can limit any convention to their pet issues — federalism, a balanced budget, and the regulatory crisis. All these are worthy but vacuous goals, which could be redefined by actual delegates. Some proponents argue that a convention will be limited to only the issues contained in 34 identical state applications, while others contend that plenary (open-ended) or aggregated (on similar topics) is sufficient. The Congressional Research Service confirms that there is no precedent that says the convention will be necessarily limited to pre-approved topics or how similar the applications must be.

DeSantis, who is pushing for an Article V convention for a Balanced Budget Amendment (BBA), is fantasizing when he says the state legislature “will be able to impose rules on the delegates, including criminal penalties, if they go beyond what the convention call is.” There are no rules, no precedents, no guarantees. At best, these questions will result in years of litigation that will waste time and drain the coffers on the right.  

DeSantis also suggests such a convention will be safe because it can be stacked with delegates who will play by the (non-existent) rules. If you’ve worked to get an Article V convention, he says, “you’re going to pick people loyal to the cause.” Newsflash: no, Florida will not decide who California and Illinois send!

If Congress decides to call an Article V convention (despite the lack of uniformity of applications and the myriad of unresolved questions) the left would not cede control to supporters of a BBA or term limits. The other side, despite their protestations, is already at work preparing. WolfPack and American Promise are two left-leaning groups that back using an Article V convention to get rid of Citizens United and “free America from the corrupting influence of money.” Promises that Republicans will come out ahead in any convention or subsequent “ratifying” procedures are gaslighting, not guarantees.  

California passed an Article V application for an anti-gun “Right to Safety” Amendment in 2023. In 2025 it was repealed along with all of California’s applications when state Sen. Scott Wiener, a Democrat, realized, “There are no guardrails once a Constitutional Convention has been triggered: Once it begins, extremists could easily hijack it.” Well-funded and media-backed leftist extremists will use every means to highjack a convention if it occurs. (The legality of rescinding Article V calls is another unsettled constitutional question.)

Leftist Causes at a Convention

Gun-rights and campaign finance are only two of the issues that lie in wait for conservatives. Since the U.S. Supreme Court overturned Roe v. Wade, 10 states have passed constitutional amendments to enshrine abortion rights, with Virginia and Nevada voting this year. If a convention occurs, pro-abortion forces would be crazy not to show up. The trans-rights crowd also will be on scene. Universal basic income, statehood for Puerto Rico and the District of Columbia, stacking the Supreme Court, voting rights for illegals … the laundry list of issues conservatives could find themselves battling from a disadvantaged position would be endless. All the victories that have come out of the Supreme Court in recent years could evaporate without a trace.

This is not to say Republicans would lose on every issue, but why waste the time, money, and political capital on an unknown and uncontrollable battlefield? If state and federal actors are not following our current constitution, how will a change in language suddenly make them obedient? When a leading leftist legal scholar believes, “the only way a polarized America can avoid secession is to draft a new Constitution,” we should not give the arsonist a match.

Whether Republicans like it or not, our country is deeply divided. Yes, there are 80-20 issues, but even they are hard to win when you are vastly outspent and face intense media bias. Tens of thousands of pro-life Americans used their own money to attend the March for Life in January, but even more disgruntled Americans will attend No Kings rallies underwritten by George Soros. These are the same dark money groups that will take over an Article V Convention for their purposes, not ours.

The outcome of the Great Redistricting Battles of 2026 is still unknown, but it doesn’t look good for Republicans, especially if you live in Virginia or California. Republicans must face the unpleasant truth — the left is simply better organized, better funded, and still has a lock on the corporate media. That doesn’t mean we should surrender or give up our principles. It does mean we need to be smarter, avoid unforced errors, and never underestimate our opponents.

There is talk that the Article V proponents want to use America’s 250^th birthday to push Congress to call such a convention. Until we can honestly sing, “anything you can do, we can do better,” that is just plain foolish. Given current political divisions, our opponents don’t need a “runaway convention” to radically alter our precious Constitution. All they need is an unprecedented opportunity handed to them by the “stupid party” once again.

Kristen A. Ullman, JD, is the president of Eagle Forum. She served as executive director of Eagle Forum’s Washington, D.C., office from 1995 to 1998, as legislative director for Sen. John Ashcroft, R-Mo., and in the Department of Justice. She has served on the Eagle Forum board of directors since 2017.