How Trump Will Rewrite the Constitution — and When

The midterms aren’t the deadline. They’re the distraction.

May 07, 2025

What we’ll cover here:

Dear friends,

For most Americans, the phrase “constitutional crisis” conjures something overt: a president defying a court order, ignoring a subpoena, or threatening to jail political rivals. The Trump administration has offered all of that, and more.

In April 2025 alone, Trump has flatly refused to comply with a Supreme Court decision that blocked his administration’s effort to hand state governments the power to deport migrants, ignoring the ruling as if it were optional. His allies — like JD Vance and Stephen Miller — don’t just defend this posture, they mock the very idea that courts should hold any authority over the executive.

But what if this very defiance is meant to keep you watching? What if the legal fights, the public outbursts, the constitutional drama are all part of a political delaying tactic? A way to dominate the headlines while the real agenda advances quietly, far from view?

It’s easy to recognise open defiance of the law. You can see it, name it, react to it. Courts can issue rulings. Congress can launch investigations. People can take to the streets.

But what happens when the real danger isn’t a President breaking the rules, but one working to restructure the foundation on which the rules are built?

This isn’t about whether Trump is breaking the law. What’s at stake here is something far deeper.

The Trump administration is planning to rewrite the Constitution itself — quietly, from the ground up, through a method most Americans don’t even realise exists.

And those who do know assume it will never happen. Maybe they think it's been simmering too long, that rescissions have slowed it down, that it’s more theatre than threat.

They do so at their peril.

Article V Conventions

Buried in the middle of the Constitution is a clause most Americans have never heard of. But it could open the door to a constitutional rupture the US may never come back from.

Article V outlines two ways to amend the Constitution. The first is the one we're all familiar with: Congress proposes an amendment, and the states ratify it. Every amendment so far — whether abolishing slavery, granting women the vote, or lowering the voting age — has followed this route, so it's little wonder most Americans assume it’s the only way the Constitution can be changed.

But there is a second method.

If two-thirds of state legislatures — 34 states — call for it, Congress must convene a constitutional convention.

The idea behind this clause was that the states needed a way to bypass a gridlocked or corrupt federal government. But it’s never been used — not once in over 230 years. And for good reason. Legal scholars across the political spectrum agree that once the convention is opened, there is no way to limit what it can do.

This isn’t theoretical. It’s in motion. Thirty-four is the trigger. Twenty-eight states have already signed on.

"…to bring power back to the states and the people, where it belongs."

On paper, the goal seems straightforward, reasonable even. The proposals are framed as common sense — efforts to rein in Washington, restore accountability, and bring power closer to the states. And crucially, they’re sold as minor amendments to the Constitution.

Here's the core of what they say they want:

Severe Fiscal Restraints

They want to make it very hard for the federal government to increase debt or raise taxes, even in emergencies, and eliminate income, gift, and estate taxes altogether by repealing the 16th Amendment.

What it means: Congress’s ability to act in national emergencies will be severely limited. Imagine another 2008 financial crisis or pandemic: getting a two-thirds vote to raise debt could delay, or even block the federal response entirely.

To Curtail Federal Regulatory Power

They want to shrink the federal government’s ability to regulate economic activity, especially anything happening within a single state. Agencies would lose the power to impose regulations without direct Congressional approval.

What it means: This will blow a crater in the federal budget. You’ll see massive cuts to Social Security, Medicare, defence, infrastructure — everything. There’s no way to replace that income without some new form of taxation, which this proposal actively discourages.

State Veto Power

They propose giving states the power to overturn any federal law or regulation if three-fifths of state legislatures agree. This will let states block federal actions they don’t like.

What it means: Federal regulations will grind to a halt. Agencies like the EPA, FDA, and OSHA can no longer function unless Congress signs off on every new rule. Even then, one-quarter of either chamber could put a freeze on the process.

Term Limits for Congress

They want strict limits on how long anyone can serve in the House or Senate.

What it means: On its own, this might sound like a check on career politicians. But alongside the other proposals, it will weaken institutional memory in Congress —making it harder to resist sweeping structural changes pushed by state legislatures and outside interests.

State Override Power

They also want to give states the power to overrule any federal law or regulation if three-fifths of state legislatures agree.

What it means: States will become a de facto fourth branch of government. With a three-fifths vote, they can overrule federal law. This includes civil rights protections, environmental laws, and consumer protections. In effect, the federal government can be paralysed by state opposition.

Altogether, these amendments will weaken the federal government, empower the states, and lock in austerity.

But there's more.

Once a convention is triggered, there is no constitutional mechanism to enforce the agenda. No clause that says delegates can only discuss what was in the resolutions that brought them there. No guarantee that proposals will be limited to fiscal policy or term limits.

In fact, there are no limits to what comes next.

Once the door is open, it stays open. And what gets written inside that room — behind closed doors, under immense political pressure — is likely to go far beyond what was promised. It’s likely to form the foundation of an entirely new Constitution.

To understand how far this could go, you need to understand who's behind it.

Who’s Behind It

The push for an Article V convention is framed as a grassroots uprising. It's not. It’s a coordinated, well-funded campaign, fronted by the Convention of States Project and backed by powerful interests who have been laying the groundwork since the Reagan administration. And it’s openly endorsed by Trump’s Secretary of State Marco Rubio, Press Secretary Karoline Leavitt, and Secretary of Defense Pete Hegseth.

The driving force behind the Convention of States Project is Mark Meckler, co-founder of the Tea Party Patriots and founder of Citizens for Self-Governance, a conservative non-profit backed by major right-wing donors, including the Mercer family and Donors Trust — a dark money network closely tied to the Koch political machine and built to hide the trail of money between wealthy donors and the political causes they fund.

The Balanced Budget Amendment Foundation also quietly lobbies state legislatures to call a convention. It works hand-in-glove with ALEC, the American Legislative Exchange Council, which hands state lawmakers pre-written bills — model legislation designed not by constituents, but by corporate lobbyists and ideological think tanks.

Then there’s the Heritage Foundation, which has embraced the convention as part of its long term plan to permanently reshape American government. Through its Project 2025 initiative, Heritage laid out a playbook for the Trump presidency, including purges of the civil service, deep deregulation, and expanded executive power. And Vice President J.D. Vance has deep ties to the Heritage Foundation and its agenda.

And then there’s Trump himself, who is both beneficiary and accelerant. While this movement predates him by decades, many of its architects now see him as the figure who can finally deliver.

His open contempt for institutional limits — courts, agencies, Congress — creates the perfect conditions for the long game they’ve been playing. While the public is caught up in the drama of his defiance, the machinery behind him keeps advancing, quietly and steadily, through state legislatures.

But it’s not just his contempt for institutional limits that fuels the project. It’s also his abuse of power — brazen, vindictive, and in plain view.

Last month Trump had a sitting state judge arrested for “interfering” in a deportation case. Days later, federal agents raided the office of a Democratic governor under the pretext of election fraud.

These aren’t isolated moves. They’re signals. Under Trump, the cost of resistance will be public, personal, and punitive. That threat is essential to the project. It keeps legislators in line. It silences opposition. It clears the path.

Trump didn’t write the Convention of States playbook. But he’s the lynchpin who finally makes it viable. He’s the only one who can force it across the finish line.

With Republicans controlling both chambers, and Trump in the White House, any amendments emerging from a convention won’t face resistance — they’ll face a fast track. He supplies the loyalty, the momentum, and the political cover. What others spent decades building, he can push through in months.

And he doesn’t just build momentum — he suppresses opposition.

You wonder why the opposition, for the mostpart, stays silent? That silence is not accidental. Trump is making it clear what happens to those who speak out. To the opposition, to people who have opposed him in the past, to Republicans who might otherwise object.

The investigations? The threats? The arrests? The raids? These are not for show.

Some are afraid for their careers. Others are afraid for their children. That fear isn’t a side effect. It’s strategy. It's how you rewrite a Constitution without a war: you convince people not to fight.

Inside Trump’s New Constitution

The Convention of States Project claims:

“Our convention would only allow the states to discuss amendments that “limit the power and jurisdiction of the federal government, impose fiscal restraints, and place term limits on federal officials.”

But as we've already seen, once the convention is triggered, there’s no legal mechanism to enforce that limit.

To see what Trump’s Constitution might look like, we don’t have to speculate. We just have to follow the trail. And if we draw from the Convention of States' proposals, Heritage Foundation white papers, and Trump’s Executive Orders, a clear picture begins to emerge.

This isn’t just reform. It’s a constitutional redesign built to entrench minority rule and shield it from future accountability.

1. Repeal the 16th Amendment

Abolish the federal income tax. This will gut federal funding for social programmes, environmental protection, healthcare, public education, and more — forcing permanent austerity and radical decentralisation.

2. Amend Balanced Budget

Make deficit spending unconstitutional — even during wars, recessions, or natural disasters. Federal agencies and social safety nets will face immediate, severe cuts.

3. Term Limits for Congress and Judiciary

This sounds popular, but it’s a trojan horse: it will purge institutional memory in Congress while leaving executive power untouched. Term-limited judges could make the courts easier to control politically.

4. State Veto Power Over Federal Laws

If 30 or so states say no, federal laws could be nullified — effectively ending national governance. This would legalise the selective rejection of civil rights, abortion protections, gun laws, environmental regulations, and more.

5. Amend Presidential Emergency Powers

Trump might be given unchecked authority during vaguely defined “national emergencies” with no requirement for Congressional renewal or judicial review. This creates a legal pathway to suspend elections.

6. Redefine Citizenship

End birthright citizenship, redefine who counts as a citizen, and possibly strip protections for naturalised immigrants. This would be framed as “restoring the integrity of the American people”.

7. Restrict National Voting

Amendments could mandate strict voter ID, end same-day registration, and allow states to override federal election standards. A ban on mail-in voting could be embedded in the Constitution.

8. Criminalise Dissent

A “Peace and Public Order” amendment could equate protests, strikes, and online organising with terrorism, insurrection, or sabotage. It might grant legal immunity to law enforcement or military for suppressing unrest.

9. Override Supreme Court Rulings

States or supermajorities in Congress could be given authority to reverse judicial decisions, effectively neutralising the courts. This would destroy judicial independence.

10. Expand/ Eliminate Presidential Term Limits

Scrap the 22nd Amendment, allowing Trump (or any future leader) to serve unlimited terms — framed as "restoring voter choice" or “protecting continuity in turbulent times”.

11. Mandate Privatision and Deregulation

The Constitution could be amended to prohibit government ownership of certain industries or public assets — forcing the sale of national parks, roads, schools, and even prisons to private entities.

12. Override Religious Liberty

Language that enshrines the primacy of religious belief in public life — effectively legalising discrimination against LGBTQ+ people, women, or religious minorities under the guise of “protecting conscience”.

13. Ban International Agreements

Prohibit the US from entering binding international treaties or surrendering any “sovereignty” to foreign organisations (like the UN or WHO). This would isolate the US from global norms and cooperation.

14. Expand Gun Rights

Amendments clarifying that the right to bear arms may not be restricted under any circumstances, including during emergencies or in public spaces like schools.

15. Grant Executive Control Over the Bureaucracy

Give the president full control over all federal agencies. Loyalty becomes the test for employment. Independent enforcement vanishes. The federal workforce becomes a political instrument.

16. Limit Judicial Review

Strip courts of the power to review federal laws or executive actions in entire domains. Once orders are signed, there’s no challenge. The president becomes the final arbiter of the law.

This is what constitutional change by design looks like.

Not a revolution, but a quiet shift in the legal architecture of the country — engineered to consolidate power, roll back rights, and make dissent functionally irrelevant. And it's not decades away. It's not even hypothetical. The machinery to make it real is already in motion.

They’re Closer Than You Think

The goal of the Article V campaign is not simply to reach 34 states. It’s to get everything in place before the midterms — while they still control the map, the narrative, and the machinery. If the convention isn’t triggered by then, a shift in the political landscape could stall or derail the entire effort.

The current administration knows this. They’re moving fast, because they have to. Delay means risk. The window is open now, and they intend to use it before anything can slam it shut.

But what if the midterms aren’t the real deadline?

Much of the Democratic opposition is fixated on that date — hoping a power shift will slow or stop the campaign. But what if that’s already too late? What if Trump’s goal is to move faster? To lock this in, not just before the midterms, but in time for a moment of maximum national symbolism?

July 4th, 2026 marks the 250th anniversary of American independence. Trump has already signed an executive order commissioning a grand national celebration.

Go to the Executive Orders page on the White House website. Type “4 July 2026” in the search bar.

This is what you’ll find.

Each of these orders targets a different pillar of the current constitutional order:

DOGE dismantles the administrative state.
Religious Liberty Commission reframes legal rights through a Christian nationalist lens.
Education orders rewrite the historical narrative.
Trade and economic policies align with protectionist, sovereignty-first governance.

Yes, they’re reshaping public expectations within the current legal framework. But they’re also laying the groundwork for a legal framework that no longer needs them.

Because many of these orders expire on 4 July 2026.

They’re not permanent. They’re transitional. They aren’t the destination — they’re the on-ramp.

If a new Constitution enshrines their goals — privatised governance, Christian moral supremacy, weakened federal oversight — then these orders are simply scaffolding.

Once the new structure is in place, the scaffolding comes down.

And what more significant date to tear down that scaffolding and present the outline of a new Constitution as a "gift" to the nation, than on its 250th birthday.

This post isn’t written to distress you. It’s written to inform you. To help you get out in front of things. Because it’s only once you understand what’s happening that you can take strategic action to interrupt it, expose it, and stop it in its tracks.

My next post will walk you through how. What to watch for. Where to focus your energy. How we push back — strategically, together. So if you found this valuable, make sure you’re subscribed so you don’t miss it.

If you have thoughts, questions, or there’s something you think I’ve missed, I want to hear from you. This conversation matters, and your insight might help sharpen what comes next.

And if you believe this kind of work is important — if you want more people to understand what’s really unfolding — consider becoming a paid subscriber. This research is time-consuming, but it’s urgent. And it’s only with your support that I can keep going.

We're at a minute to midnight. But that doesn’t mean it’s over.

Your time starts now.

— Lori