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How to Stop the Buckaroo Banzai “Amending the Constitution Short-Form”

By: quill67 (Diary)  |  December 27th, 2009 at 11:25 PM  | 

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 The U.S. Constitution is clear that the Federal Government power is to be limited to certain specific enumerated powers. The idea that the general welfare or commerce clause would be used to allow Congress to engage in more than these enumerated powers was considered laughable (see Federalist 41) and yet Congress has taken upon itself to create new authority for itself by simple majority vote. Thus, the Congress amends the constitution every time it passes a law not in the enumerated powers.

This reminds me of the movie Adventures of Buckaroo Banzai. In the movie, the fictitious U.S. President is urged to attack the Soviet Union and is presented with a “declaration of War: Short Form” Since Congress is acting to amend the Constitution with every vote (the short form), the states should respond as if they had legitimately requested an amendment to the Constitution. It takes 2/3 of the state legislatures to ratify a change to the constitution so 34 state legislatures must agree. If 17 state legislatures oppose, the Constitutional amendment fails.

The 17 State Solution

Therefore, anytime Congress oversteps its enumerated powers, 17 state legislatures should vote on a resolution stating: “Congress with Bill _________ is attempting to use powers not granted to it by the U.S. Constitution. As the duly elected representatives of the state of _________, we reject the proposed amendment to the U.S. Constitution.”

COMMENTS

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  • quill67

    1. The states can pass anything they want and each state can say they will not enforce Congress’ law if the proposed “short form” amendment fails. 2. You are correct about that for the court to find a law unconstitutional that somehow would have to show direct harm, however, once 17 states were reached and states those states refused to administer or allow the law to be enacted in their states the issue would come before the courts. I believe that 17 state legislatures declaring that Congress’s action violates the constitution would be very hard for the supreme (or any lower court) to ignore.

    Remember, the Supreme Court originally fought the expansion of the Federal Government’s power in the 1930s but political pressure worked to force the Supreme Court to accept the New Deal legislation as constitutional for fear of FDR stacking the court with 15 judges (“The switch in time that saved nine”)

    It would also be difficult to obtain 17 state legislatures. This is not an easy task.
    Republicans control only 16 legislatures so would need to pick up all of these plus 1 state where democrats have a slight advantage. There are 4 states that might be targeted. But even a failing effort would be devastating for the liberals who would have to vote on something they know is political poision.

    1) Montana State Legislature House of Representatives D 51-49 2 Senate R 27-23 (Need 2 converts in House)

    2) Ohio General Assembly House of Representatives D 53-46 2 Senate R 21-12
    (Need 4 converts in house)
    3) Pennsylvania General Assembly House of Representatives D 104-99 2 Senate R 30-20 4 (need 3 converts in house)

    4) Virginia General Assembly House of Delegates R 52-44 2 Ind. 2 Senate D 21-19 (need 2 converts in Senate)

    These 15 states are control by Republicans:
    1) Arizona Legislature House of Representatives R 35-25 2 Senate R 18-12 2
    2) Florida Legislature House of Representatives R 76-44 2 Senate R 26-14 4
    3) Georgia General Assembly House of Representatives R 105-74 1 Ind. 2 Senate R 34-22 2
    4) Idaho Legislature House of Representatives R 52-18 2 Senate R 28-7 2
    5)I ndiana General Assembly House of Representatives D 52-47 1 Ind. 2 Senate R 33-17
    6) Kansas Legislature House of Representatives R 77-48 2 Senate R 31-9
    7) Missouri General Assembly House of Representatives R 89-74 2 Senate R 23-11
    8) North Dakota Legislative Assembly House of Representatives R 58-36 4 Senate R 26-21 4
    9) Oklahoma Legislature House of Representatives R 62-39 2 Senate R 26-22 4
    10) South Carolina General Assembly House of Representatives R 71-53 2 Senate R 27-19 4
    11) South Dakota State Legislature House of Representatives R 46-24 2 Senate R 20-14
    12) Tennessee General Assembly House of Representatives R 50-48 1 Ind. 2 Senate R 19-14 4
    13) Texas Legislature House of Representatives R 76-74 2 Senate R 19-12 4
    14) Utah State Legislature House of Representatives R 53-22 2 Senate R 21-8 4
    15) Wyoming State Legislature House of Representatives R 41-18 2 Senate R 23-7 4
    16) Nebraska (non-partisan but indications are that Republicans control)

  • http://www.dcworksforus.com Kenny Solomon

    This is so simple that it makes total sense. Grab it before it hits a vote, or before implemented if passed and even signed.

    But surely you can’t be serious, because as far as I know, 1. House and Senate Resolutions are not binding as legislation and 2. Some person, or a group or State must show proof of harm from enacted legislation for it to be declared unconstitutional ?

    Yeah, of course you’re serious – so am I – and I’m not calling you Shirley.

    But just in case…….. We need us a Constimatushinal Lawyerin’ type person to get on this and see if it can be done.

  • http://dreamsfrommyforefathers.com RoguePolitics

    This would take guts and require principled leadership on the part of Republicans.

    sigh

  • http://www.dcworksforus.com Kenny Solomon