Repeal Amendment: Giving Back The Power Back To The States

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“Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”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

A 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.