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I think every law should have a sunset clause. But the repeal amendment sounds good too.

9 Responses to “Repeal”

  1. Gunmart Says:

    The problem with the sunset clause is what is being experienced now with the Bush Tax cuts.

  2. wizardpc Says:

    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.

  3. Murdoc Says:

    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.

  4. Murdoc Says:

    Hah. Wizardpc beat me to the line.

  5. Tirno Says:

    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.

  6. Gunmart Says:

    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.

  7. Standard Mischief Says:

    “Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that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.

  8. Jake Says:

    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.

  9. Bryan S. Says:

    Could we not do a similar thing by repealing the 17th amendment?

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