Repeal Amendment

I could get behind this.

Conservatives are planning to propose an amendment to the Constitution at some time in the next few weeks aimed at allowing states to repeal legislation without the approval of Washington.


The proposed amendment reads: “Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”

I’m a little torn on the two-thirds thing – I think with the specificity it seems to require, that a simple majority should be enough. Of course, I think repealing laws should be at least as easy, if not easier than, passing them in the first place – think Heinlein’s proposed legislature from The Moon is a Harsh Mistress, with one house to pass laws and requiring a 2/3 majority, and another house to repeal laws and requiring only a simple majority. I’ll have to think about that part for a bit, but I really think that if a bill can’t command the support of at least half the state legislatures – especially in a situation where repeal requires action and supporting the law requires that a state simply do nothing – then it’s probably a bad law that needs to be repealed.

That aside, I think this amendment would restore a critical balance to the Constitution that was lost with the amendment providing for the direct election of Senators – giving back to the States  a much needed voice in the Federal legislative process.

Update: The website for the amendment is here. Thanks to Standard Mischief in comments at SayUncle’s.

[Source: The Daily Caller article, retrieved 11/24/10]
(h/t SayUncle)

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