There is an interesting idea floating around out there, one that I think might have merit... depending on how it's implemented, of course. The idea is a simple one:
Any Federal law can be overturned if the legislatures of 2/3 of the states vote to do so.
I think this isn't the worst idea in the world. Right now, the only ways to get rid of a law is for the courts to overturn it or for Congress and the President to act. But as we have found out in the past year or so, Congress isn't very responsive to public opinion.
State legislatures are different, and usually a bit more willing to take into account the wishes of the electorate. Not always, and not a lot, but it's definitely true. So, if enough state legislatures vote to overturn a federal law, then that law would be overturned.
This new ability to get rid of bad and onerous laws would have to be enacted via a Constitutional amendment, of course, and that is very difficult to do. Congress would have to approve it, followed by 2/3 of the states.
If you'd like to read more about this proposed amendment, you can do so here:
http://www.cbsnews.com/8301-503544_162-20026169-503544.html
Personally, I think it might not be the worst idea in the world. Making Federal law a bit more responsive to the wishes of American citizens would be mostly good, I think.
What do you think?
Monday, December 20, 2010
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Remember 2/3rds of the states can force the Congress to call a constitutional convention which in turn proposes amendments that if ratified by 3/4ths of the states becomes part of the constitution. So, the states have some options.
ReplyDeleteAny Congress that ignores 2/3rds of the states saying this is a bad law is one rapidly replaced thru the election process, remember Reps run every two years as does 1/3rd of the Senate.
However, though as reminder of federalism, limits of power, not a bad idea and something that needs to go some where in the lower half of the to do list.
The ONLY ways the states have to affect anything at the federal level are elections, which are slow, and a constitutional (or Artivle V) convention... which is incredibly dangerous. The regular procedure to amend the Constitution begins in Congress, so that doesn't count.
ReplyDeleteThis proposal is a method for giving the states some ability to reject overreaching or ill-considered laws. I think it's not the worst idea in the world.
I like it. States have lost power over the years, maybe it's time to give them a new power to stop a possibly oppressive Federal Government.
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