Federalism Amendments - Reload


Randy Barnett continues to work on the Bill of Federalism (previously blogged on here). His updated version is here (PDF).

The Bill of Federalism was drafted by Professor Randy Barnett of Georgetown University Law School and is supported by The Nationwide Tea Party Coalition. You can support The Bill of Federalism by downloading the pdf above and delivering it, via email or print, to your local state legislator, requesting that they introduce a bill in their legislative body to petitition Congress to hold a Constitutional Convention for the purpose of passing all 10 amendments of The Bill of Federalism. You can find local contacts to help you in your state here.

So Barnett is moving ahead with the plan to advance it through the states. Individuals are to print the PDF out and give copies to their state and federal representatives, while explaining why it’s a great idea.

I’m still thinking the last clause is the hardest part of that plan to actually perform.

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Recommended, but with some reservations

dvdmsr Tuesday, May 26th at 12:52PM EDT (link)

I generally like the idea of restoring federalism, but I don’t agree with some of the provisions in this amendment proposal.

I would have liked to have seen something limiting federal tax receipts to expenditures necessary and proper for carrying into execution those powers explicitly enumerated to the national government.

I like the idea of limiting the Congress’ commerce power, but don’t agree with permitting the Congress to regulate harmful emissions. I worry about the how this power will be interpreted later to expand national power at the expense of State’s rights, and I simply believe that such regulation would/could be more properly done through voluntary inter-state compacts.

I also like the limit on conditional expenditures to States, but would also like to see a prohibition against grants and loans to individuals to prohibit the same coercion and manipulation of intra-state policy (that has been inflicted by attaching strings on expenditures to the States) by simply going around State government with conditional grants directly to the people. This is especially important as the national expenditures were not limited to carryout explicitly enumerated national powers.

Limiting treaties – this is necessary, but it just reminds me of how sad our situation has become, that we have to remind the Congress that if the constitution doesn’t say it can do something, then it can’t do it – its reserved to the States.

This is another necessary provision, but it is another proof of just how absolutely ridiculous things have become. Someone remind me again, what was the point of having a written constitution?

Making it more difficult to raise taxes – good.

State checks on federal powers – great, but does that include nullifying a decision of the SCOTUS? I hope so.

Term limits? I’m still on the fence on that one.

I’m all for the line item veto, but was concerned with granting the President such an increase in power, so the idea that this power would be limited to only those occasions when the budget is not balanced is intriguing to say the least.

I would like to know more about the rationale behind the 9th Article on the rights retained by the people/due process.

Restoring constitutionalism is what I’d call the tenth article, but then again it really is the underlying theme for this whole plan.

Building Bridges Between American Conservatives & Libertarians By Calling For A Return To More Local Control On Social Issues (The Resoration Of Federalism) And To Smaller More Fiscally Responsible Gov’t

 

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