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The idea that the federal government has overstepped its constitutional powers has been a popular one in recent months.
Now House Speaker Bill Howell is proposing a solution: allowing states to repeal federal laws.
In a column published Thursday in the Wall Street Journal, Howell, R-Stafford County, and Georgetown University law professor Randy Barnett propose what they're calling the "Repeal Amendment."
The amendment would allow states to overturn federal laws if two-thirds of state legislatures vote to do so.
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Think you need ratification of 2/3 of the states, in this age of hysteria driven media.. not confident that anything can get passed by 2/3 of anything...
From the original op ed...
Also responsible are two "progressive" constitutional amendments adopted in 1913. Both dramatically increased the power of the federal government at the expense of the states, creating a constitutional imbalance that needs to be corrected.
The 16th Amendment gave Congress the power to impose an income tax, allowing it to tax and spend to a degree previously unimaginable. This amendment enabled Congress to evade the constitutional limits placed on its own power by effectively bribing states. Once states are "hooked" on receiving federal funds, they can be coerced to obey federal dictates or lose the revenue.
The 17th Amendment provided for the direct election of U.S. senators by the voters of each state. Under the original Constitution they were selected by state legislatures and could be expected to restrain federal power. Whatever that amendment's democratic benefits, the loss of this check on the federal government has been costly.
Do not see how the 17th amendment could ever be repealed, the old system of senators being elected by each state legislature would create even a more disconnect between and the electorate and congress state legislatures are the poster child for distrust and greed. there would be no effort at making anything different.. it would take away a lot of power from folks like Scott Brown et al. Any congressman would pretty much reflect the composition of the State Legislature, in the recent Mass. election Martha Coakley would probably be anointed...
Cannot determine if these amendments are really "progressive" as definitions change over time, and progress in 1910 often does not mean the same as progressive in 2010....
“We like to say that dependability is more important than ability,” Bill Belichickism....