10 October 2010

Repeal Amendment

Courtesy of the Richmond Times-Dispatch comes a bit of information about this "Repeal Amendment."  I suppose it's so new, so far unknown, that there isn't a wiki page for it yet.

What Virginia House Speaker William Howell, R-Stafford proposes is an amendment that will allow the states to repeal any federal law with a 2/3rd majority. I don't know all the details but I imagine that each state legislature would approve/disapprove certain federal laws. According to Virginia Gov. Bob McDonnell, the amendment would allow states to make changes in federal laws without having to challenge them on constitutional grounds. Creating the new state power over congressional action would "strike a balance between the central government and the will of the people."

I'll have to give this some thought, but my initial impression is that it's a good idea. Although I wonder if it isn't superfluous. We already have the 10th Amendment, which should allow a state to nullify any law that it deems unconstitutional. Even while federal judges have consistently redistributed power to the federal government, the states could simply not enact them or ignore the court's ruling. The supremacy clause wouldn't apply because so-called laws, such as Obamacare, are not explicitly stated in Article I Section 8. Contrary to what some liberals believe, this is not for the general welfare. While some will indeed do better, there will be others that will suffer or have increased hardship in order to support those beneficiaries. It's just another entitlement.

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