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Saturday, December 18, 2010

postheadericon The Revolution this time: The 28th Amendment

As Linda Greenhouse reports today in The New York Times, it has been 15 years since the Rehnquist court began applying the constitutional brakes to assertions of federal power that had seemed unassailable since the New Deal, clarifying “the distinction between what is truly national and what is truly local.”

Greenhouse’s essay is appropriately titled “The Revolution Next Time,” but it might have been called The Revolution This Time, as yesterday, a resolution (H.J. 542) calling for a 28th amendment to the U.S. Constitution permitting states to repeal federal laws and regulations was introduced in the Virginia House of Delegates by Del. James LeMunyon. If ratified as part of the U.S. Constitution, the amendment would permit two-thirds of the states, when acting in unison, to repeal specific federal laws and regulations.

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