Repeal Amendment: Giving Back The Power Back To The States

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The politicians in DC have proven that they are no longer capable of governing in the best interests of the several states and have long used the courts to usurp powers granted to the states via the 10th Amendment by invoking the General Welfare clause, theCommerce clause and/or the Necessary and Proper clause.

The states have always had the power to rein in the federal government through an Article V Convention, otherwise known as an Amendments Convention, when “on the Application of the Legislatures of two thirds of the several States, [Congress] shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof,”. While it is a very little used tactic, just the threat of one can be enough to nudge Congress into action, as was the case with the 17th Amendment and possibly the 21st, 22nd and 25th Amendments as well*.

Today we have the perfect storm forming with the strength of the Tea Party along with the overall awareness of the American people that the federal government has grown too large and does not operate in the best interest of them or the states.

To this end, Professor Randy Barnett has proposed the Repeal Amendment which would allow the states simple recourse to repeal any federal law on the approval of 2/3 of the states.

“Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”

With this Amendment, the repeal of ObamaCare, for example, would be left for the states to decide instead of with Congress and the President; both of which have no interest in doing so. This Amendment would also be helpful in the event of unpopular lame-duck legislation like Cap & Tax or the DREAM Act sneaking through.

press conference is being held on November 30th with with select Speakers, Senate Presidents, members of Congress, and other State legislators but it is up to us to also put pressure on our elected officials on both the state and federal level.

The time is now for us to take the power back from DC and put it where the founders intended, in the hands of the several states. Please let the politicians know that you have had enough of their shenanigans and support the Repeal Amendment. The fate of the Republic depends on it.

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4 comments
Philosopherking
Philosopherking

I agree with this amendment. This should be the forefront of the tenther movement but the 2/3 requirement is to high. It should be 3/5 (or 1/2) because it is a reachable number.

There is a whole host of laws that we can repeal from the state legislatures such as the income tax, grope and scan TSA, FDA, FCC, and so on. We can recall federal judges since those are created by legislation. This would definately create a more balanced power ratio between the states and federal government.

ChrisW
ChrisW

Tommy

It would be very difficult to turn an Article V convention into a full re-write of the Constitution (Constitutional Convention) since 2/3 of the states would have to propose it and 3/4 of the states would have to approve it.

I also disagree with you that the states would be interfering where they have no business; the states are empowered by the 10th Amendment to delegate issues not enumerated to the federal government. In my opinion, the states definitely should be in control of issues such as health care, immigration, environmental regulations and education, to name a few, as they affect us all on the local level. And it is much easier for an average citizen to gain access to and control the direction of their state legislature than it is to make any serious change in DC where special interests can and do influence elections for federal offices.

The Repeal Amendment is not the perfect solution but it would give more ammo to the states than the current system where a state attempts to take on the federal government only to be shot down in the federal courts. The Repeal Amendment is just a small step in leveling the playing field when it comes to the rights of the states.

Tommy
Tommy

Additionally, this gives all the cronies in Washington an out: they will vote for this legislation and then be branded as tea party conservatives? Additionally, this is a constitutional convention.. last time we did this, we abolished the original constitution (Articles of Confederation) and replaced them. There are no rules for how this is to be governed. This is a really bad idea. This isn't about restoring power to the states, this is about the states interfering in a realm they have no business dealing with, and stick to the closer at home issues instead. Why wait 30 years to maybe get 2/3's of the states to agree, when you can just vote them all out every 6 years? Why not focus on that instead?

Julie Mercer
Julie Mercer

But I see two problems with this approach. One is that it would be nearly impossible to get two-thirds of the states to agree to repeal any congressional legislation especially with the hyper-partisan politics we have today. And second, it gives legitimacy to unconstitutional legislation. I prefer individual states nullifying when they know Congress has exceeded the scope of power granted to them.

Trackbacks

  1. [...] states to demand repeal of a federal law. The Tenth Amendment Center has posted on this amendment here and here. One opinion of mine is that this represents another tactic which could be usefully added [...]

  2. [...] states to demand repeal of a federal law. The Tenth Amendment Center has posted on this amendment here and here. One opinion of mine is that this represents another tactic which could be usefully added [...]

  3. [...] states to demand repeal of a federal law. The Tenth Amendment Center has posted on this amendment here and here. One opinion of mine is that this represents another tactic which could be usefully added [...]

  4. [...] states to demand repeal of a federal law. The Tenth Amendment Center has posted on this amendment here and here. One opinion of mine is that this represents another tactic which could be usefully added [...]

  5. [...] states to demand repeal of a federal law.  The Tenth Amendment Center has posted on this amendment here and here.  One opinion of mine is that this represents another tactic which could be [...]