by Nomad
The issue of "state's rights" is not at all new. In fact, the debate goes back before the founding of the nation. However, when Tea Party House members drafted the Repeal Amendment, courtesy of Koch-funded ALEC, it threatened to unravel the union that holds the United States together. And despite George Washington's warning, they very nearly succeeded.
Back in 2010, after taking over the House of Representatives, the Tea Party faction of the GOP proposed a "states' rights" change in the Constitution. Sponsored by Utah's Rob Bishop, the proposal was called the Repeal Amendment. It was designed to give states the authority to veto federal laws and regulations. Under this proposed amendment, supporters aimed “to push back the federal government's encroachment on sovereign states rights."
Any federal law, like healthcare, abortion or gun control laws and even civil rights legislation, would be up for a vote in state legislatures. The resolution read:
“Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”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 Cato Institute, a right-wing think tank and another 501(c)3 organization, supports the idea saying:
At present, the only way for states to contest a federal law or regulation is to bring a constitutional challenge in federal court or seek an amendment to the Constitution. A state repeal power provides a targeted way to reverse particular congressional acts and administrative regulations without relying on federal judges or permanently amending the text of the Constitution to correct a specific abuse.
Of course let’s not forget that the Cato Institute was co-founded by Charles Koch, co-owner of Koch Industries known for its financing of the Tea Party. So enthusiastic support for challenging the authority of the federal government shouldn’t come as a surprise.
It is in fact a fundamental change to the balance of powers and not merely a corrective measure. In effect, it would invalidate the “united” part of the “United States” since state legislatures would have final say-so on the law of the land. The United States would, therefore, become about as united as say, the United Nations.
In addition, the legislative branch in Congress would suddenly become irrelevant, since the eventual application of any congressional law would be subject to a vote in each state. The structure of the two houses of Congress prevents smaller less-populated states, most of which happen to be red states, from having undue influence or from dictating to the more populated states what national policy would look like. Under this proposed change, all that would change.
The implications and the ensuing unnecessary complications are mind-boggling.
