Friday, October 15, 2010

The Case for a 'Repeal Amendment' | Randy Barnett and William J. Howell | Cato Institute: Commentary

The Case for a 'Repeal Amendment' | Randy Barnett and William J. Howell | Cato Institute: Commentary: "Its text is simple:

'Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.'"

"it allows thousands of democratically elected representatives outside the Beltway to check the will of 535 elected representatives in Washington, D.C.

Congress could re-enact a repealed measure if it really feels that two-thirds of state legislatures are out of touch with popular sentiment. And congressional re-enactment would require merely a simple majority. In effect, with repeal power the states could force Congress to take a second look at a controversial law."

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