Monday, December 20, 2010

About that "Encroaching National Power"

Tea Partiers are pushing a Constitutional Amendment that would let two-thirds of states vote to overturn/veto any Act of Congress. Needing to push back the invasions of the federal government and all that.

You guys know that James Madison wanted Congress to have a veto over all State laws, right? And that, uhhhh, not sure if y'all noticed, but we kind of fought a war about whether states are sovereign and get to nullify laws or not, and uh, the states-rights crowd, they lost. And in losing they were made to accept this thing called the 14th Amendment, see, and it makes it pretty abundantly clear that no, the states are not sovereign. And again, why do we give a damn?

Even from an antifederalist perspective, it's tricky to see what this does since it's states that elect Congress in the first place. Anything that passes Congress is going to be unlikely to be disliked by two-thirds of states, since you need at least half of Senators to pass a bill.

ALSO: Would the Tea Partiers please admit that they think our Constitution has some major flaws in it? Otherwise, why do they want to repeal Amendments 14 and 17 and add this one, which would radically alter the constitutional structure toward something which has never been even close to contemplated? All this talk about loving the Constitution is a load of bull; see here, specifically the last part.

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