Malden legislators vote to protect the integrity of the U.S. Constitution

State Senator Jason Lewis and State Representatives Paul Donato, Steven Ultrino and Kate Lipper-Garabedian joined their colleagues in the Massachusetts Legislature to pass joint resolutions in the Senate and House of Representatives that rescind all previous applications for a national constitutional convention under Article V of the U.S. Constitution. This joint initiative is in response to concerns that the U.S. Congress and the Trump administration could attempt to use prior, outdated Massachusetts resolutions to call for an Article V constitutional convention to drastically modify the U.S. Constitution and roll back basic rights and protections to advance their own political agenda. The Legislature’s action makes Massachusetts the 17th state to rescind all prior applications for an Article V convention, and it reaffirms that any constitutional decisions should reflect the will of today’s elected lawmakers and the people they represent.

“Over the past year, we’ve seen that President Trump is ready and willing to use any opportunity and tool, lawful or not, to advance his destructive policies around immigration, healthcare, education, national security, and more, and even infringe upon our personal rights to freedom of speech, freedom of the press, and freedom to protest,” said Senator Lewis, who is the Senate Committee on Ethics Chairperson. “An ill-planned and unprecedented constitutional congress could destroy the fabric of our free and democratic nation, and Massachusetts will not let that happen.”

“I do not trust the federal government to act in good faith at this moment,” said Representative Donato, who is the House Second Assistant Majority Leader. “An Article V convention of states would have been a mistimed action, that could have threatened the safety of Massachusetts residents.”

“Massachusetts has always been at the forefront of protecting our democracy, and this action reaffirms that commitment,” said Representative Ultrino, who is Chairperson of the Legislature’s Joint Committee on Emergency Preparedness and Management. “By rescinding these outdated applications, we are preserving the integrity of our democratic institutions and safeguarding the rights the people of our Commonwealth depend on.”

“Given the absence of precedent for an Article V Convention of the states, there is no reliable way to limit its agenda to specific topics, creating opportunities for private, powerful interests to weaken governmental safeguards,” said Representative Lipper-Garabedian, who is the House Committee on Ethics Chairperson. “The Trump Administration has shown a willingness to go to any length to undermine our democratic values and advance its agenda. By joining the Legislature today to rescind all previous applications for an Article V Convention, Massachusetts will not be a tool that the Trump administration can use to promote an agenda that threatens our civil rights and liberties. Thank you to Speaker Mariano and Leader Peisch for your leadership on this vital resolution.”

An Article V convention is a process outlined in the U.S. Constitution allowing states to propose amendments if two-thirds (34) of state legislatures call for it. An Article V convention could open the entire Constitution to unpredictable changes, as there are no clear guidelines or limitations on what delegates could propose. While an Article V convention has never been called before in American history, there is recent conservative momentum to add up all active resolutions, regardless of how old they are, to meet the two-thirds threshold.

Massachusetts had several outdated Article V resolutions pending before Congress, including one sent in 1977 asking for an Article V convention to constitutionally ban abortions. These dormant calls have been cited in national legal strategies pushing for a convention, arguing they could still be considered active and contribute to the 34-state count. Sixteen states have already taken action to rescind all of their previous calls.

Both chambers of the Legislature voted to approve the resolutions, and the House and Senate Clerks will transmit copies of the resolutions to the Clerk of the U.S. House of Representatives and to the Secretary of the U.S. Senate in Washington, D.C.