Thursday, December 2, 2010

Tea Party Pushes Amendment to Veto Congress

The "repeal amendment," introduced Tuesday by Rep. Rob Bishop, R-Utah, with the backing of conservative lawmakers from 10 states, is aimed at checking what they see as a federal government that has run amok. Supporters say the federal stimulus package, the health care law and the auto bailout are among the reasons the measure is needed. Under current law, states must go to court to overturn federal legislation and prove it violates the Constitution. The proposed amendment would give state legislatures veto power over any federal law or regulation they didn't like -- whether it passes constitutional muster or not: "Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed." Georgetown University law professor Randy Barnett, the amendment's author, has argued it would "help restore the ability of states to protect the powers 'reserved to the states' noted in the 10th Amendment." "This amendment reflects confidence in the collective wisdom of the men and women from diverse backgrounds, and elected by diverse constituencies, who comprise the modern legislatures of two-thirds of the states," Barnett said. "Put another way, it allows thousands of democratically elected representatives outside the Beltway to check the will of 535 elected representatives in Washington, D.C."...more

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