Wednesday, January 20, 2016

Constitutional Convention?


For John, BLUFThe Danger is, those delegates can propose whatever they want.  Nothing to see here; just move along.



While I don't agree with everything Taxes Governor Greg Abbott proposes, as listed by Law Professor Glenn Harlan Reynolds in his USA Today piece on Monday, "Blow up the administrative state", there is a lot to be said for the concept of returning power to the States and the People.  In the name of efficiency we have taken away part of our Democracy, and emasculated the US Congress.
Texas Gov. Greg Abbott wants to amend the Constitution.  His proposed changes:
  • Prohibit Congress from regulating activity that occurs wholly within one state. (✓)
  • Require Congress to balance its budget. (≈)
  • Prohibit administrative agencies — and the un-elected bureaucrats that staff them — from creating federal law. (✓)
  • Prohibit administrative agencies — and the un-elected bureaucrats that staff them — from preempting state law. (✓)
  • Allow a two-thirds majority of the states to override a U.S. Supreme Court decision. (≈)
  • Require a seven-justice super-majority vote for U.S. Supreme Court decisions that invalidate a democratically enacted law. (X)
  • Restore the balance of power between the federal and state governments by limiting the former to the powers expressly delegated to it in the Constitution. (✓)
  • Give state officials the power to sue in federal court when federal officials overstep their bounds. (✓)
  • Allow a two-thirds majority of the states to override a federal law or regulation. (≈)
One thing I would add to this list is the right of the People to sue government entities AND government officials if they show malfeasance in office.  In particular, if the government official uses his or her office to harm someone, that someone should have redress in the courts.  This goes double for Prosecutors, Government personnel presenting before Administrative Law Judges and for IRS personnel.

Hat tip to the InstaPundit.

Regards  —  Cliff

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