California lawmakers approved the governor’s approval on Thursday. Gavin Newsom’s resolution calling for a constitutional convention of the states to consider a new amendment on gun control, a policy

astute

but apparently unfeasible proposal from the Democratic leader.

The governor introduced the proposal on national television this summer, raising his profile in the culture wars between Democrats and Republicans at a time when many voters are feeling increasingly frustrated about the lack of action in Washington to address the mass shootings that have have tormented communities around the world. country. But constitutional scholars have warned that Newsom’s plan could be risky because it would open the door to other changes to the U.S. Constitution if a convention were to take place.

Newsom’s resolution asks Congress to convene a constitutional convention to allow states to pass an amendment that would impose new laws requiring universal background checks on gun purchases, the federal minimum age for purchasing increases a firearm from 18 to 21, and establishes a reasonable waiting period for all gun purchases and prohibits the sale of assault weapons to the public. The resolution also calls on states to adopt an amendment affirming that federal, state and local governments may adopt safety regulations restricting the sale, possession and carrying of firearms in public.

To consider Newsom’s proposed 28th Amendment, legislatures in two-thirds of the states must vote in favor of a constitutional convention.

Robert A. Schapiro, dean of the University of San Diego Law School, and other scholars note that it is difficult to imagine that gun control protections would be passed even if a convention were convened. Republicans control more than half of state legislatures, some of which have recently lowered gun restrictions, and amendments to the Constitution must be ratified by three-quarters of states before becoming law.

They also argue that if a constitutional convention were to occur, it would be possible for Republican states to propose other amendments to ban abortion or same-sex marriage, for example, through an untested process.

“It is a legitimate concern that if a constitutional convention were convened, the scope of the convention could not be limited, and thus the convention could theoretically propose any form of amendment to the United States Constitution that would undermine the right to First Amendment freedom would be eliminated. speech or any other form of provision,” Schapiro said. “I think Governor Newsom’s proposal may have more symbolic value.”

Although Newsom and the resolution’s authors, Sen. Aisha Wahab (D-Hayward) and Assembly Member Reggie Jones-Sawyer (D-Los Angeles), included language in Senate Joint Resolution 7, which aims to implement of California to restrict gun control, Schapiro said there is nothing in the Constitution that says a convention can be restricted.

Newsom’s efforts to address concerns were not enough assurance for several lawmakers within his party.

“I support every single policy mentioned in this resolution; every single gun safety policy I support,” said Sen. Scott Wiener (D-San Francisco). “I have a 0% rating from the National Rifle Assn., which I am proud of. My concern is that we cannot have any certainty that the call for a constitutional convention will lead to a limited constitutional convention.”

Wiener voted against the resolution, along with another Democrat and several Republicans in the Senate, where it passed last week on a 24-11 vote. Five other Democrats declined to vote on the proposal.

The General Assembly adopted the proposal on Thursday

a vote of 51 to 14, with several Democrats refusing to vote.

Sean Clegg, Newsom’s senior political adviser, called the concerns a “diversion” since any changes to the U.S. Constitution would have to be approved by three-quarters of the states.

“It’s not like you can call a constitutional convention and then it’s a free pass to whatever is possible,” Clegg said. “A very high bar must be set.”

Newsom has pointed to Fox News polling from earlier this year that showed Americans overwhelmingly support the gun restrictions he proposed.

Clegg argued that issues that conservatives would want to pass, such as abortion bans, would have to conflict with the views of a majority of Americans. For example, in a May Gallup poll, 69% of respondents said abortion should be legal in the first three months of pregnancy. Opinions on whether it should be legal under any circumstances were much more mixed.

National public opinion has not stopped some states from restricting abortion rights after the Supreme Court overturned the ruling

Roe vs. Wade last year.

Performing an abortion is a crime in Texas

, with exceptions to save a patient’s life, for example. In Florida, a 15-week abortion ban is being considered by the state Supreme Court. If upheld, the ruling could pave the way for a six-week ban. Ron DeSantis signed to take effect this year.

Mike Madrid, a Republican political consultant, said Newsom’s decision to promote a constitutional convention despite concerns was a political calculation and that the governor is smart enough to know the convention “will never materialize.”

“The chance of this happening is essentially zero,” Madrid said. “Serious constitutional scholars and historians realize that it is dangerous, but as a crude political instrument it has all the significance in the world.”

An outspoken advocate for national gun control, Newsom, by simply calling for the amendment, is strengthening his position as “the tip of the spear” for Democrats in the battle with Republicans over progressive and conservative values, Madrid said. Newsom has denied he has any interest in running for president, saying his only political goals for the 2024 election are to help President Biden’s reelection campaign and gain Democratic voters.

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Still, the gun control effort could help Newsom if he runs for national office in the future, Madrid said. Newsom first announced his plan in June on the “Today” show.

“This helps him win a Democratic primary. There is no policy prescription that a Democrat could come up with that is stronger than saying, ‘I am the NRA’s worst nightmare,'” Madrid said, adding that Newsom’s stance could also help him earn support from some college-educated Republican suburban women.

Newsom has called his proposal “A Right to Safety” and has sought to use the proposed amendment as an opportunity to give elected officials more power to enact gun control measures for their own communities and enshrine restrictions in federal law.

The conservative majority on the US Supreme Court is expected to oppose expanding gun control measures. A Supreme Court ruling last year struck down restrictive and subjective concealed carry laws as unconstitutional, sending California and a few other Democratic-led states scrambling to rewrite their gun laws.

Newsom has traveled to other states to boost Democrats ahead of the 2024 elections and to criticize the policies of right-wing Republican leaders.

During a tour of the South in April with his wife and children, he met students from New College of Florida

in

Sarasota, as DeSantis, the Republican governor, tried to overhaul the progressive campus by putting conservative administrators in charge. He also paid tribute to the Little Rock Nine at Central High School in Little Rock, Ark., and made stops in Montgomery, Ala., and Jackson, Miss.

The California governor spent time at a fundraiser in Boise, Idaho, around the Fourth of July, advocating for Biden’s re-election and speaking to Democrats at a separate fundraising event in Bend, Oregon, before making stops in Montana and Utah.

Clegg said Newsom also plans to build on the success of his amendment efforts in California by traveling to and working with other states to convince them to join his fight.

“When suffrage was introduced in 1878, it took 41 years, but that was not symbolic,” Clegg said. “You don’t want it to take 41 years. But it’s the nature of difficult systemic changes. A lot of big changes seem long-term, until they aren’t.”