Repeal
I think every law should have a sunset clause. But the repeal amendment sounds good too.
Remember, I do this to entertain me, not you.
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November 24th, 2010 at 9:42 am
The problem with the sunset clause is what is being experienced now with the Bush Tax cuts.
November 24th, 2010 at 10:38 am
If I had my way, every law would have to be voted on every two years. Before new laws could even be considered, this would have to be done.
That way, things like murder, rape, and robbery would continue to be illegal, but things like “illegal operation of an aquarium in a barber shop” (actual law in TN until last year) would fall by the wayside.
And Gunmart, the Bush Tax Cuts were a modification of existing law, so the comparison isn’t applicable. In our scenario, the income tax would sunset every X years and have to be voted on anew.
November 24th, 2010 at 10:39 am
That’s not a problem, Gunmart, that’s a feature.
Sure, there would be a fight to renew tax cuts.
Also, there would be a fight to renew income taxes to begin with.
Think about the AWB and how it went to pasture, then apply that to EVERYTHING the federal government does.
Make them prove that it’s necessary every so often and a lot of it will eventually go away. Plus they’ll be so busy trying to renew income tax (or whatever) that they’ll not have time to invent so much new stuff.
November 24th, 2010 at 10:40 am
Hah. Wizardpc beat me to the line.
November 24th, 2010 at 11:11 am
My only addition to the repeal amendment would be to open the power up to citizen’s initiative as well, such that a repeal can be effected by two thirds of the states passing a similar resolution by legislative process or citizen initiative.
I’d further empower the repeal amendment such that if two thirds of the states pass the resolution by initiative, or if the legislative action is confirmed by a vote of the people, then the resolution is binding on the states as well, unless and until reversed by vote of the people.
The tenth amendment doesn’t mention only the state governments, you see.
November 24th, 2010 at 11:55 am
Lets not forget that income tax in general was initially supposed to be temporary…. We see how well that worked out.
All I am saying here is that you dont really want to get too close to a populist form of govt.
November 24th, 2010 at 12:06 pm
“Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that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.”
Since the linked to article didn’t actually quote it. From here.
November 24th, 2010 at 12:10 pm
My only change would be to require a simple majority of states, not 2/3. Since repealing a law would require action by the states, and keeping it would require simply doing nothing, inertia will be a factor.
Like Uncle, I prefer sunset clauses. Without that, it should be easier to repeal a law than to pass it, since inertia will be a contributing factor to overcome if Congress actually has to do something to repeal a law.
November 26th, 2010 at 2:09 pm
Could we not do a similar thing by repealing the 17th amendment?