Spicy Take Alert: Is a Constitutional Convention Exactly What We Need?

In our latest Constitutional Corner, Ainslee considers the possibility: what if a Constitutional Convention could be… a good thing?

This Spring, the Ohio House Government Oversight Committee heard proponent testimony for the constitutional convention bills we wrote about earlier this year, and it got me thinking: if they really move forward with this thing – which, thanks to a cushy supermajority, is a possibility we have to sincerely consider – how do we make this moment work for us? I’m not saying I’m rooting for it to happen, but, since we’re here, what if this is actually what our country needs?

I know what you’re thinking…

Let’s start with the obvious: the words “Constitutional Convention” sound like something a Founding Father muttered while adjusting his powdered wig and ducking out of responsibility for enslaving other human beings. For decades, progressives have treated the idea like it’s radioactive—untouchable, unfixable, and probably a trap laid by ALEC and three guys named Ron in a Bass Pro Shop.

But hear me out: what if it’s not? What if—deep breath—we called a new convention and used it to drag this 18th-century operating system into the 21st century? What if we stopped clutching our pearls and started clutching pens? The pen, after all, is mightier than the gerrymander. 

The reality is that the US Constitution is already being rewritten, as this administration has already begun to argue Constitutional Rights are a thing of the past. So perhaps it’s worth reconsidering our options. As the loophopes become not just the exception but the norm, our supposed rights on paper become a pretext for legitimizing the attacks to our fundamental freedoms. 

Whether a Constitutional Convention arrives by necessity or coercion, it’s worth developing our own vision for what a better Constitution could look like. 

So, here is my own top 10 wish list for improvements to our Constitution:

1. Incorporate Concerns of All U.S. Citizens (Not Just the White Guys)

Let’s be honest. The original Constitution was written by a bunch of elite landowning white men who were mostly worried about taxes, property rights, and making sure their daughters didn’t read too much. It wasn’t built for all of us—it was built for them.

A modern Constitutional Convention could actually correct that. Imagine a process that requires the inclusion of Indigenous voices, Black leaders, immigrant communities, disabled folks, trans people, working-class organizers—people who’ve been locked out of the rooms where it happens for centuries.

In short: if we’re going to govern 330 million people, maybe we stop taking cues from 55 dudes in powdered wigs who thought dueling was a valid dispute resolution method.

2. Silence the Dog Whistles / Return to Saying What You Mean

We’ve spent too long decoding phrases like “states’ rights” and “original intent,” which are just the political equivalent of “I’m not racist, but—” A new convention gives us the opportunity to write a document that doesn't need a Rosetta Stone of racism to interpret.

How about we ditch the euphemisms and write constitutional language that actually says what it means? No more “strict constructionists” using commas as cover for oppression. Let’s be clear: equality means everyone. Voting means access. And liberty does not mean “freedom to hoard AR-15s and yell slurs at school board meetings.”

3. Input from Women (We’re Tired of the Testosterone Tantrums)

When women are at the table, the vibe shifts. Policies become more collaborative. Conflicts become less about dominance and more about solutions. And no, that’s not some flowery gender essentialism—it’s backed by actual data.

A Constitutional Convention that includes women (half the country, in case anyone forgot) is likely to center care, equity, and community. Maybe we’d even write a constitution that considers child care, maternal health, or reproductive freedom as basic rights instead of political wedge issues. Imagine that.

4. Five-Fifths of a Person

Let’s revisit that charming clause where Black people were counted as 3/5ths of a person for representation but 0/5ths when it came to rights. The fact that this was ever constitutional law should be a national embarrassment tattooed on our collective forehead.

A convention gives us the chance to say clearly: every person is a full person. No compromises. No fractions. And certainly no debates about whose humanity is “up for discussion” this election cycle.

5. Only a Person is a Person

Speaking of personhood, corporations are not people. Not even the cool ones that put rainbows on their logos every June. A new constitution could end the Citizens United catastrophe and finally draw a bright, uncrossable line between actual human beings and soulless money machines.

You want speech? Great. Get a mouth. Otherwise, stay in your quarterly earnings call.

6. Electoral College Runtz Pack

The Electoral College has long outlived its usefulness, assuming it ever had any. If it were weed, it would be the worst strain: stale, headache-inducing, and clinging to relevance out of pure stubbornness.

We’ve had too many elections where the loser of the popular vote still wins. A new constitution could establish one person, one vote—full stop. Let’s stop acting like Wyoming should have the same clout as California when picking the president.

7. Rebalancing Powers

The founders feared monarchy. What they created instead was a system where Congress is supposed to be co-equal, but usually just co-silent. A new convention could reassert the legislative branch’s authority, especially on matters of war, civil rights, and whether or not the president can treat democracy like a Netflix account they forgot to log out of.

8. Reining in the Supreme Court

Let’s talk about the nine unelected lifetime appointees currently cosplaying as philosopher-kings. In no world should a job last until someone either dies or decides to spend more time with their corruption scandals.

A new constitution could add term limits, enforce real ethics rules, and create a way to remove justices who treat the bench like a partisan soapbox.

9. No Dictators Allowed

Presidential immunity is not a get-out-of-jail-free card. And “high crimes and misdemeanors” should mean more than “whatever the Senate majority says it means after polling their donors.”

A modern constitution could define abuse of power, set clear standards for impeachment, and prevent future strongmen from testing the limits of democracy like it’s a TikTok challenge.

10. Never Again, Mitch

If a president nominates a Supreme Court justice, the Senate should hold a hearing. Period. No “we’re too close to an election” nonsense. No months-long ghosting of constitutional duty. Just show up and do your job.

A new constitution could make that a requirement—not a courtesy Mitch McConnell gets to weaponize like a turtle with a grudge.

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In Conclusion: Let’s Stop Being Afraid of the Tool Just Because It’s Been in the Wrong Hands

Extremists encourage the idea of a Constitutional Convention because they see its power. We should see it too—and claim it. Rewriting the rules doesn’t mean abandoning our values. It means finally putting them into the foundation.

Let’s stop treating the Constitution like a sacred cow and start treating it like what it is: a tool. And if the tool’s broken? You fix it.

Preferably with everyone in the room. Not just the guys named James.

Ainslee Johnson-Brown, JD is a constitutional law scholar and advocate specializing in judicial interpretation and the evolving role of state courts in protecting democracy.

More Constitutional Analysis From Ainslee:

• Ohio’s Justice DeWine Attempts to Address Criticisms of Originalism (2025)

• On The Constitutional Requirement For Adequate Prenatal Care Post-Dobbs (2024)

• There’s Justice in Language: The Prosecutor’s Duty to Transgender Victims, Jurors, and Defendants (2023)

• Book Review: Half American, Half Amazing: A Review of Half American by Matthew F. Delmont and an Exploration of Executive Action During World War II and Its Impact on Black Soldiers (2022)

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What is the Constitutional Corner?

We have a lot of feelings about the laws of lawmaking. The Constitutional Corner is a series that delves into the rules of engagement that govern our government, but in everyday language.

Dive into past ConCorners:

• Civil War? Renegotiate the Constitution? Hard pass!

• TL;DR: Constitutional Conventions

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