The Repeal Amendment is Introduced Today in the House and Senate

I just returned from a press conference announcing the introduction today in both the House and the Senate of the “Repeal Amendment,” a proposed amendment to the Constitution that reads:

“Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”

Congressman Bishop and Senator Enzi hosted the event. Also speaking was Senator Hatch, and Congressmen Broun and Griffith. All were eloquent in explaining the need to restore some balance between the federal government and the states. The event was held in the Senate Gallery and Senate rules prohibit anyone than Senators or Representatives from being on the podium and speaking. So I was grateful that Congressman Bishop both saw that I was present and graciously referred to my contribution to developing the proposal. When video becomes available I will post or link to it.

Here is the official press release:

Rep. Bishop and Senator Enzi Introduce Repeal Amendment
Resolution Restores Balance of Power Between Federal Government and States

WASHINGTON–Congressman Rob Bishop (R-UT) and Senator Mike Enzi (R-WY) today unveiled the Repeal Amendment, a joint resolution that would amend the U.S. Constitution to provide states with the authority to repeal any federal law or regulation if two-thirds of the States are in agreement.

“When the Founding Fathers drafted the Constitution they never intended for the federal government to usurp the power and responsibilities designed for the states and for the people. Unfortunately, Washington has steadily acquired power to the point that today’s system is completely out of balance. As a result, Washington has grown too intrusive, reaching into just about every aspect of our lives—this transcends party lines and impedes on the liberties of all Americans,” said Congressman Bishop.

At present, the only way for states to contest a federal law, regulation or mandate is to bring a constitutional challenge in federal court or to seek an amendment to the Constitution. The Repeal Amendment will enhance the states’ ability to protect the powers “reserved to the states” as noted in the Tenth Amendment.

Text of the Repeal Amendment:
“Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”

“The Repeal Amendment would provide states with a powerful tool to return power and rights back to the states and to the people respectively, just as our Founding Fathers intended,” Bishop added. “It is my hope that this joint resolution will inspire a new way of thinking in Washington, serving as a reminder to lawmakers and bureaucrats that policies that reflect the will of the people most often originate at the local and state levels, and not in Washington, D.C.”

The following Senators and Representatives are co-sponsors of the resolution:

Senators John Barrasso (R-WY), Orrin Hatch (R-UT), and James Risch (R-ID) as well as Representatives Paul Broun (R-GA), John Campbell (R-CA), Jason Chaffetz (R-UT), Jeff Duncan (R-SC), Louie Gohmert (R-TX), Tom Graves (R-GA), H. Morgan Griffith (R-VA), Doug Lamborn (R-CO), Cynthia Lummis (R-WY), Tom McClintock (R-CA), Don Manzullo (R-IL), Tim Walberg (R-MI) and Joe Walsh (R-IL).

Representative Bishop had an op-ed in the Daily Caller yesterday entitled, 14 trillion reasons for a repeal amendment

Today, both he and Senator Enzi have an op-ed on FoxNews.com, entitled Introducing the Repeal Amendment

Constitutional amendments are always the longest of long shots. They never get adopted, except when they do. In this case, it is somewhat amazing that the proposal has gotten this far given the absence of any organized push or funding to speak of. Even if not adopted, however, the Repeal Amendment generates a healthy debate about the proper scope of federal power, and ways by which structural changes to the Constitution can restore some balance, in the absence of much judicial enforcement. Federalism is merely the means, however. Liberty is the ultimate end.