Pages

Labels

Thursday, December 2, 2010

Should the Constitution be amended to empower the states, by a 2/3 vote, to repeal provisions of federal law?

Dana Milbank notes "the unfortunate echo of nullification," but nullification was the idea that individual states could disregard federal law they opposed. The Repeal Amendment would institute an orderly structural safeguard as part of the Constitution, a check on federal power that requires a supermajority vote of the states.

Instapundit thinks Milbank is being — pretending to be? — too obeisant to the original Constitution:
The amendment process, after all, is part of the Constitution. The Framers had no illusions that they were creating perfection, and believed in the sovereignty of the people and in the power of the people to revise the Constitution as needed, through the process they created. The idea that the text of the Constitution should be revised only through judicial reinterpretation is a modern conceit, and one that does no honor to the Framers at all.
Since the Repeal Amendment, proposed by Randy Barnett, can easily be portrayed as an effort to return to something closer to the balance of power provided for in the original Constitution, it is pretty silly to portray yourself as brimming with respect for the Founders when what you really support is the shift of power to the national government that occurred over the long stretch of time, a shift that the courts have allowed to take place.

You know what else is silly? This, from Milbank:
Lest you think this is a hair-brained scheme by one Republican lawmaker, consider that the Repeal Amendment... has won the endorsement of the man who will be the next House majority leader, Rep. Eric Cantor (R-Va.).
Let me dig up William Safire:
Folk etymology is the term for the creation of new words by mistake or misunderstanding or mispronunciation....In today's language, "Hare-brained" is often giddily and irresponsibly misspelled "Hairbrained," perhaps on the notion that the hair is near the brain.
Folk etymology... hmmm. There's also folk constitutional interpretation, isn't there? Or is folk the wrong word when it's journalists purveying the bogus constitutional wisdom?

0 comments:

Post a Comment