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The Repeal Amendment

Started by Precious Moments Zalgo, December 01, 2010, 02:23:43 AM

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Precious Moments Zalgo

Virginia house speaker Bill Howell, incoming U.S. house majority leader Eric Cantor, several other Republicans are behind a plan to call a constitutional convention to amend the constitution.  They call the amendment that they want to pass the "Repeal Amendment", and it would allow any group of 2/3 of state legislatures to repeal any federal law they don't like.

Sources:

http://tpmdc.talkingpointsmemo.com/2010/11/va-legislator-says-gop-congress-wants-to-help-him-deconstruct-the-consitution-video.php?ref=fpa
http://www.whsv.com/news/headlines/Repeal_Amendment_Gives_Power_Back_to_States_111054484.html?ref=484
http://video.foxbusiness.com/v/4432863/states-take-on-federal-law/?playlist_id=158146

For people who claim to love the constitution, the tea partiers sure do seem to be eager to make radical changes to it.
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Disco Pickle

#1
repealing federal law at the state level doesn't mean the feds wont enforce it.  look at california and prop 19.

I don't think you're bashing the amendment process to the constitution, but it reads that way.  I have always been of the belief that its best quality is that it can be amended as times change.

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Nephew Twiddleton

:facepalm:

Federal trumps State. Always.

I'm beginning to think the Union lost the Yankee-Dixie Throwdown
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tyrannosaurus vex

No no no, if it's written into the Constitution that 2/3 of the states can vote to repeal a federal law, then that action would trump the federal law in question, with Constitutional authority. Sort of like how the federal government can't just whip up an Amendment all by itself, it has to pass 3/4 of state legislatures as well.

My gut reaction would be to support this legislation, except maybe make the requirement 3/4 of the states rather than just 2/3.
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Suu

Quote from: Doktor Blight on December 01, 2010, 02:33:06 AM
:facepalm:

Federal trumps State. Always.

I'm beginning to think the Union lost the Yankee-Dixie Throwdown

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Jasper

3/4 at LEAST would be BARE MINIMUMS OF SANITY.  DARWIN'S BONES, AM I THE ONLY MAN ALIVE WITH AN IMAGINATION?

Golden Applesauce

Alternatively, the states could send representatives to the Legislative Branch to repeal laws.  They could call these representatives ... senators.
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Nephew Twiddleton

Quote from: Golden Applesauce on December 01, 2010, 02:53:21 AM
Alternatively, the states could send representatives to the Legislative Branch to repeal laws.  They could call these representatives ... senators.

Senators you say? What kind of nonsense is that?
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Jasper

Also, this thread is relevant to Suu's recent question about the balkanization of America.  This is a good start.

BabylonHoruv

I'm kind of glad to see republicans actually proposing reducing the size of the federal government, rather than just giving it lip service.
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Suu

Quote from: Sigmatic on December 01, 2010, 03:03:38 AM
Also, this thread is relevant to Suu's recent question about the balkanization of America.  This is a good start.

That's why i posted it.
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Jasper

Wish I knew more.  It is seeming more and more likely.

Suu

New England will be the first to go....after Hawaii. They're already working on it.
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Our Lady of Perpetual Confusion; 1st Church of Discordia

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Precious Moments Zalgo

Quote from: The Dancing Pickle on December 01, 2010, 02:32:24 AM
repealing federal law at the state level doesn't mean the feds wont enforce it.  look at california and prop 19.
Right, but this amendment would give states the power to repeal federal laws at the federal level.

Quote from: The Dancing Pickle on December 01, 2010, 02:32:24 AMI don't think you're bashing the amendment process to the constitution, but it reads that way.  I have always been of the belief that its best quality is that it can be amended as times change.
I'm certainly not bashing the amendment process.  What I was bashing was the seeming hypocrisy in those who claim to be constitutional originalists yet also want to change the constitution in such a fundamental way.  They also want to repeal the "progressive" 13th and 17th amendments.
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Golden Applesauce

Quote from: Pastor-Mullah Zappathruster on December 01, 2010, 03:12:41 AM
Quote from: The Dancing Pickle on December 01, 2010, 02:32:24 AMI don't think you're bashing the amendment process to the constitution, but it reads that way.  I have always been of the belief that its best quality is that it can be amended as times change.
I'm certainly not bashing the amendment process.  What I was bashing was the seeming hypocrisy in those who claim to be constitutional originalists yet also want to change the constitution in such a fundamental way.  They also want to repeal the "progressive" 13th and 17th amendments.

But the original constitution says you can change the constitution.

I see no contradiction.
Q: How regularly do you hire 8th graders?
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