Proposal would let states repeal fed laws
WASHINGTON, Dec. 20 (UPI) -- The people behind lawsuits seeking to undo the healthcare law say they're also backing an amendment that would allow states to repeal federal law.
Under the proposed "repeal amendment," any federal law or regulation could be repealed if two-thirds of state legislatures vote to do so, The New York Times reported.
First backed by Virginia lawmakers and Tea Party groups, the repeal amendment now has the support of legislative leaders in 12 states -- and incoming House majority leader, Rep. Eric Cantor, R-Va. It was introduced earlier this month by Rep. Rob Bishop, R-Utah.
"Washington has grown far too large and has become far too intrusive, reaching into nearly every aspect of our lives," Cantor said. "The repeal amendment would provide a check on the ever-expanding federal government ... and get the government working for the people again, not the other way around."
Randy Barnett, a Georgetown University law professor who helped draft the amendment, told the Times it could win ratification -- which includes passage by Congress plus 38 state legislatures.
"This is something state legislatures have an interest in pursuing," Barnett said, "because it helps them fend off federal encroachment and gives them a seat at the table when Congress is proposing what to do."
He said he was contacted by Tea Party groups in Virginia. Then Virginia's governor, attorney general and speaker of the House, all Republicans, expressed support.
Sanford Levinson, a constitutional law professor at the University of Texas, said the proposal would give the same weight to small states as large ones, allowing those with a relatively small proportion of the national population to have influence.
"You can bet the ranch that there are enough state legislators in the large states who will not consider it a good idea to reinforce the power of small parochial rural states in which most Americans do not live," Levinson said.
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