The Case for a Repeal Amendment

In January 2011 the Virginia legislature will consider proposing a constitutional amendment that would give two-thirds of the states the power to repeal any federal law or regulation.

The text of the proposed amendment is: “Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”

On September 16 William Howell, Speaker of the Virginia House of Delegates and Randy Barnett, Professor at Georgetown University Law Center, wrote an op-ed piece in the Wall Street Journal explaining why such an amendment would provide “a new political check on the threat to American liberties posed by a runaway federal government. And checking abuses of power is what the written Constitution is all about.”

Randy Barnett elaborates on his article here, and also gives a link to read the Wall Street Journal article:http://volokh.com/2010/09/16/the-case-for-a-repeal-amendment/

Bill Howell’s web site gives links to the press coverage this is getting: http://williamjhowell.org/2010/09/17/repeal-amendment/#more-207

How to you feel about such a proposed Constitutional amendment?