State Repeal Power Amendment

16 Aug

There’s something brewing that requires your attention.

In response to our rogue federal government usurping the Constitutional role of the states, there are serious discussions under way concerning the assembly of a Constitutional Convention to promote the ‘State Repeal Power Amendment’ to the Constitution.

What is being proposed is that any law, rule, regulation, tax, duty, impost or excise created by the federal government can be overturned by passing identical legislation nullifying any law by 2/3rds of the state legislatures.

Does America still have Statesmen or simply Politicians?

This is an uphill struggle, as are all Amendments to the Constitution, but it may be our last shot at protecting the framers’ concept of Federalism, where the states have their own sovereignty and are able to pass their own laws.  Right now, the federal government is looking to eliminate the dominion of the states and simply make them administrators of federal law.

The amendment process, as described in Article V of the Constitution can either be originated in Congress or by 2/3rds of the States.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, 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, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

I am not Constitutional scholar, by any means, but this is a compelling proposal.  Congress, under the tutelage of Woodrow Wilson, passed the 17th Amendment, which made Senators directly elected by the people, which sounds good on paper.  Previously, it was up to the individual States to determine the method of their selection.  The result of this was that it removed the Senators from being accountable to their State Legislatures and made them permanent creatures of the DeeCee culture.

It also brought about the beginning of the end of Federalism.  The Federal government was brought about by the States, not the other way around, but now we have an overarching central government that is attempting to devour and homogenize the separate states, enabled by a Judiciary that overrides the will of the people.  See Arizona and California.  Also see Virginia in its fight with the Feds in court to uphold the Virginia Health Care Freedom Act, as passed by our General Assembly last spring.

Can we get 2/3rds of the States to call this Convention?  Can we get 3/4ths to ratify a new Amendment?  Will opening a Constitutional Convention actually open up the forum for Statists to Constitutionalize their own agenda? 

Here is an early draft from Georgetown University Law Professor, Randy Barnett




WHEREAS Article I of the Constitution of the United States begins “All legislative powers

herein granted shall be vested in a Congress of the United States”; and

WHEREAS the Congress of the United States has exceeded the legislative powers granted in

the Constitution thereby usurping the powers that are “reserved to the States respectively, or to the

people,” as the Tenth Amendment affirms, and the rights “retained by the people” to which the Ninth

Amendment refers; and

WHEREAS the Supreme Court of the United States has ignored or misinterpreted the meaning

of the Constitution by upholding this usurpation;

WHEREAS the original power of Legislatures of the several States to select senators of the

United States no longer exists to provide a check on federal power;

To restore a proper balance between the powers of Congress and those of the several States,

and empower States to prevent the denial or disparagement of the liberties retained by the people,

the legislature of the State of ________ hereby resolves:

First, that Congress shall call a Convention, consisting of delegates from the several States

selected by procedures established by their respective Legislatures, for the sole purpose of proposing

the following article be added as a separate amendment to the Constitution of the United States,

which shall be valid to all intents and purposes as part of the Constitution when separately ratified

by the Legislatures or Conventions of three-fourths of the several States; and

Second, that any previous application for a Convention under Article V of the Constitution

of the United States by this Legislature is hereby repealed and without effect; and

Third, that copies of this application shall be sent to the secretary of state and presiding

officers of both houses of the Legislatures of each of the several Sates in the union, the clerk of the

United States house of representatives, the secretary of the United States senate, and to each member

of the ________ congressional delegation; and

Fourth, that this application for a Convention is conditioned on the applications of

two-thirds of the Legislatures of the several States proposing the exact same language contained in

the following article; and is to remain in effect unless Congress should propose an identical article

of amendment for approval by the States pursuant to Article V of the Constitution of the United

States, or it is repealed by resolution of this Legislature prior to the applications of two-thirds of the

States being reported to Congress:

ARTICLE OF AMENDMENT [1] — [Power of States to Repeal Federal Laws and Regulations]

Upon passage of identical resolutions by the Legislatures of two thirds of the several States,

any Law, Rule, Regulation, Tax, Duty, Impost or Excise of the United States, identified with

specificity, is thereby repealed.

Explanation of Repeal Amendment Proposal: At present, the only way for states to contest a federal

law or regulation is to seek an amendment to the Constitution by applying for a constitutional

convention to propose amendments, which must then be ratified by three-quarters of the states. This

proposed amendment provides an additional structural check on federal power by empowering the

legislatures of two thirds of the states to repeal any law, regulation, or tax when they concur it is

necessary. This will provide an additional check on national power to compensate for the elimination

by the Seventeenth Amendment of the selection of U.S. Senators by state legislatures. As with

constitutional amendments, the concurrence of the governor of a state is not required. Such a state

repeal power provides a targeted way to reverse particular Congressional acts and administrative

regulations without the risk of permanently amending the text of the Constitution.

Discuss amongst yourselves.

1 Comment

Posted by on August 16, 2010 in politics


One response to “State Repeal Power Amendment

  1. Saddlesore

    August 16, 2010 at 12:52 pm

    The risk of a Constitutional Convention is that the scope can not be controlled. Even if it were called for the purpose of ratifying an amendment dealing with the State Repeal provision, there is no way to limit it to that, or even to control the text of the amendment.

    Be careful what you wish for….

    I think the better solution is simply to elect people who believe in limited government, which is no mean feat in itself.


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