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: The Volokh ConspiracyFederalism Restoration Amendment: Take 2
By Randy Barnett
Thanks to readers for their comments on the proposal I posted earlier. Having read them, I am now curious about reader reaction to a more structural approach to restoring constitutional federalism.
FEDERALISM RESTORATION AMENDMENTSection 1. The legislative power of Congress shall not be construed to include mandating, regulating, or prohibiting the private health insurance of any person not an employee of the federal government.
Section 2. Whenever two thirds of the Governors of the several States concur, they may rescind any law or regulation of the United States, or they may propose amendments to this Constitution, which shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States.
Comments on this proposal are now open.
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Full post as published by The Volokh Conspiracy on March 26, 2010 (boomark / email).
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