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Legal Commentary

: TalkLeft

Proposing a Federalism Amendment To The Constitution

By Big Tent Democrat

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Randy Barnett in the WSJ:

[S]tate legislatures have a real power under the Constitution by which to resist the growth of federal power: They can petition Congress for a convention to propose amendments to the Constitution. Article V provides that, "on the application of the legislatures of two thirds of the several states," Congress "shall call a convention for proposing amendments." Before becoming law, any amendments produced by such a convention would then need to be ratified by three-quarters of the states.

Barnett would like such a convention to adopt a federalism amendment, checking federal power and restoring states rights. Barnett's proposal is principled. Insane but principled. States rights forever!

Speaking for me only

Full post as published by TalkLeft on April 23, 2009 (boomark / email).

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