The New York Times yesterday reported:
“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 Under the proposed “repeal amendment,” any federal law or regulation could be repealed if the legislatures of two-thirds of the states voted to do so.”
Tracing the recent history of the proposal, the report goes on to include one law professor’s prediction that it is doomed to failure because it would increase the power of the smaller, less populated states and, even if it were to pass, the likelihood of two-thirds of the state legislatures agreeing to repeal federal legislation or regulation is small.
Perhaps. But if the incipient wave of neo-federalism does prove to have, as they say in Hollywood, legs, there’s a far simpler method of reining in the ever widening imbalance of power between the federal government and the several states: repeal the 17th Amendment.