Already a member? Log In

The DeSantis Constitution

DeSantis, a 2005 graduate of Harvard Law, isn’t any sort of threat to return us to a world of taxation without representation, but he’s an expert MAGA dog-whistler.
DeSantis, a 2005 graduate of Harvard Law, isn’t any sort of threat to return us to a world of taxation without representation, but he’s an expert MAGA dog-whistler. Photo: Paul Hennessy/SOPA Images/LightRocket via Getty Images
Tina Nguyen
February 15, 2023

Despite all the agita over Ron DeSantis, an intriguing, and possibly revelatory, article about the governor flew mostly under the radar last month. According to the Tampa Bay Times, a little-known Idaho political group had run a radio ad featuring DeSantis declaring his support for invoking Article V of the U.S. Constitution, which allows for amendments to America’s foundational legal document, to impose term limits on Congress. “Florida’s legislature was the first state in the nation to pass a resolution calling for an Article V term limits convention,” DeSantis says in an undated audio recording that was also uploaded to the U.S. Term Limits website, one of the groups backing the movement. “I’m so encouraged to hear that Idaho is working on the same term limits resolution.”

Tinkering with the Constitution has, of course, been a conservative fantasy for centuries, albeit without much traction. But, these days, the political will has been accumulating within parts of the right to prompt Congress to call an honest-to-god constitutional convention via an arcane and untested provision of Article V. Shrewdly, DeSantis doesn’t go beyond proposing term limits, but even this position has allowed fringe conservatives to dream of a day when they can use their control of state legislatures to fix all sorts of perceived federalist ills: the tax code, the expansion of the Commerce Clause, and so forth.