Proposed Amendment Would Enable States to Repeal Federal Law

[unhappycamper]

Kenneth T. Cuccinelli II, the attorney general of Virginia, wrote to his counterparts in every state this month, asking them to support a constitutional amendment that would allow the states to vote to overturn acts of Congress.


Proposed Amendment Would Enable States to Repeal Federal Law
By KATE ZERNIKE
Published: December 19, 2010

The same people driving the lawsuits that seek to dismantle the Obama administration’s health care overhaul have set their sights on an even bigger target: a constitutional amendment that would allow a vote of the states to overturn any act of Congress.

Under the proposed “repeal amendment,” any federal law or regulation could be repealed if the legislatures of two-thirds of the states voted to do so.

The idea has been propelled by the wave of Republican victories in the midterm elections. First promoted by Virginia lawmakers and Tea Party groups, it has the support of legislative leaders in 12 states. It also won the backing of the incoming House majority leader, Representative Eric Cantor, when it was introduced this month in Congress.

Like any constitutional amendment, it faces enormous hurdles: it must be approved by both chambers of Congress — requiring them to agree, in this case, to check their own power — and then by three-quarters of, or 38, state legislatures.

Still, the idea that the health care legislation was unconstitutional was dismissed as a fringe argument just six months ago — but last week, a federal judge agreed with that argument. Now, legal scholars are handicapping which Supreme Court justices will do the same.

[MissHoneychurch]

1. So, if such an amendment would pass

wouldn't that mean the USA as an union would be history?

[underpants]

2. Sounds like another Virginia mark on history - Massive Resistance

Massive resistance was a policy declared by U.S. Senator Harry F. Byrd, Sr. on February 24, 1956, to unite other white politicians and leaders in Virginia in a campaign of new state laws and policies to prevent public school desegregation after the Brown v. Board of Education Supreme Court decision in 1954.<1> Although most of the laws created to implement Massive Resistance were negated by state and federal courts by January 1960, some policies and effects of the campaign against integrated public schools continued in Virginia for many more years; many schools, and even an entire school system, were shut down in preference to integration.

http://en.wikipedia.org/wiki/Massive_resistance

[no_hypocrisy]

3. Return to Jim Crow laws . . . .

Selective payment of federal taxes

The possibilities are staggering.

[moose65]

4. If this were to pass (and it WON'T)

What would be the point of even having a federal government? Notice that when Republicans are in power at the federal level, there's never a peep from Democrats to do something like this. Apparently Republicans hate America......what a surprise!