Constitutional Amendment to Restore the Balance of Power Between the Federal Governme
Cosponsoring a New Constitutional Amendment to Restore the Balance of Power Between the Federal Government and the States
5/23/14
This week in Washington, Congressman Doug Lamborn joined eighteen of his Republican colleagues in cosponsoring Congressman Rob Bishop's (R-UT) Repeal Amendment. The Amendment will provide States with the ability to repeal any federal law, regulation, tax, or unfunded mandate if two-thirds of the State legislatures are in agreement.
AMENDMENT TEXT
“Any provision of law or regulation of the United States may be repealed by the several states, and such a repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”
KEY POINTS
- The Repeal Amendment would require two-thirds of the states to collectively agree that repeal of a federal policy is necessary. The states vote to proceed with repeal action in their state legislatures.
- Once consensus is reached by a supermajority of the states, the bill is then sent back to Congress to be reevaluated. Congress may vote to uphold the law a final time.
- The framers of the Constitution clearly intended for there to be balance of power between the three branches of governments. Equally important and often overlooked is the intent for there to be a balance of power between the states and federal government. This is clear in the 10th Amendment.
- The concept of distinct powers for people, states, and the federal government outline in the 10th Amendment is known as Federalism.
- Over the last 50 years, an aggressive federal government, politically charged Supreme Court decisions, and a few constitutional amendments have blurred the delineation of these powers.
- Over the years, specific provisions of the Constitution granting power to the federal government have been read liberally resulting in overreaching court decisions.
- States have lost the tools necessary to maintain their power as is intended by the U.S. Constitution. The Repeal Amendment would provide a necessary tool to help them place a check on the federal government.
- If two-thirds of the states agree to repeal the bill, chances are pretty good that there is problem and further review is necessary. Some may claim that a two-thirds majority gives less populated states far too much power. Contrary to this point, each state, regardless of size, should have the ability to protect itself from federal overreach and intrusion.
|
|
|
|
|
