Deep down, I think Bob Marshall on some level just loves tweeking Bill Howell. In an Richmond Times-Dispatch editorial, Del. Marshall comes out against Speaker Howell's idea of allowed 3/4 of the states to repeal federal legislation . . . .essentially nullification. For the record because I see people throwing around John Calhoun around these discussions, nullification allowed for seperate states to nullify acts as they saw fit and was based on Calhoun's Compact Theory of Government. Its different. Calhoun and his southerners reasoned that the states had formed a compact, or an agreement, to be a federal entity but still had the power to get out just as they had gotten in. Calhoun's theory was a nation of 20-odd states working together seperately and could do whatever they wanted. This was, of course, simply a shadow to protect federal intervention into slavery . . . well, only federal intervention in freeing slaves, "states rights" southerns certainly had no problem using every single lever of federal power in teh 1840s and 1850s to ensure slavery's existence from congresisonal acts to Supreme Court decisions. But I digress.
Marshall simply argues that the Repeal Amendment abolishes the idea of federalism. At its heart, federalism is about the states and federal governments following their constitutional boundries and enumeriated powers. Marshall argues that the Repeal Amendment destroys that theory:
Repeal Amendment advocates want the power to "repeal any provision of law" now on the books or passed in the future. If this amendment is passed by Congress and ratified by the states, then two-thirds of the states could repeal treaties, parts or all of our Constitution, military appropriations bills, Social Security, declarations of war, civil rights laws, and more.
In addition, no provision answers: Who keeps count of the states' repeal resolutions? For how long would a repeal action of a state be valid? Could a state vote to repeal a federal law one year and undo it the next? Which action counts? Could a "repeal resolution" be hidden in a multi-thousand-page bill (just as $130 million in new fees and taxes were hidden in Virginia's 2010 budget at the last minute without separate recorded votes)? Could state legislatures repeal a federal law without a recorded vote so the public would not know how legislators voted?
Its nice to see people actually talking about this kind of stuff again, though. We've been braindrained into think that the federal government can solve all of our political, economic, and even culture problems in America and it can't. Its impossible. But to reach that goal, a sort of federally enforced "fairness" in society, it requires a gigantic growth in government and the ebbing of our personal liberties. Government can't grow in power while the individuals maintain liberty to the utmost. Its impossible.
Recent Comments