Thanks for this link - its certainly interesting, however the article seems flawed. It starts: In April 2009, constitutional scholar Randy Barnett published an op-ed in the Wall Street Journal offering proposals by which the Tea Party might amend the Constitution to "resist the growth of federal power." The most radical among them was an amendment permitting two-thirds of the states to band together and overturn any federal law they collectively dislike.
The article by Randy Barnett that this story links to doesn't mention a repeal amendment. It proposes a Constitutional amendment codifying a conservative but mostly uncontroversial view of federalism, more controversially repealing the 16th amendment, and (most ridiculously) requiring a textualist originalist approach to interpreting the amendment. AS IF we're anywhere near the point where a super majority of the people have bought into your view of judicial interpretation, Randy! It appears the actual Randy Barnett oped in question is this one. The repeal amendment seems like a silly idea being promoted in reaction to Obama care. The problem with it is rather obvious - it gives each state an equal vote rather than taking into account population. The right wants to empower state legislatures because they are less prominent than the federal one and are therefore more under the thumb of special interests. Various proposals are being floated to accomplish this. The one with the most juice is repealing the 17th amendment. All of these ideas have a corrupt motive and it is disappointing to see Barnett associated with them. This is the big lie associated with libertarian involvement in the republican party - that we can get together and reign in the federal government and then go on and reign in the state governments. None of these people actually want to reign in the state governments. RE: The conservative mission to destroy the Constitution in order to save it. - By Dahlia Lithwick and Jeff Shesol - Slate Magazine |