With Republican and Tea Party gains in the last elections, the “repeal” amendment to the Constitution is getting increased attention. The basic idea is that if legislatures of 2/3 of the states so vote, it will repeal the targeted federal legislation. Although I am always leery of tinkering with our fundamental law (witness the 18th Amend.), I think this proposal is well worth exploring. Federalism, the 10th Amend., and alleged federal over-reaching are not new issues. They have been with us since the founding of the Republic. One of the key factors in America having a stable democracy is that there are lawful processes for challenging legislation that at least some people do not like. The proposal would strengthen the concept of limited government and complement separation of powers, checks and balances, and the Bill of Rights. It will help quell fears of a run-away, authoritarian federal government. Given our national political diversity, and the requirement that 2/3 of state legislatures must concur, the overruling or repeal of federal legislation will probably be a very rare occurrence. Of course, if one does not value the concept of limited government, the proposal is automatically a bad idea. Let’s start thinking about and debating this proposal.
For more on the amendment see LINK
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