Professor Randy Barnett has advanced the idea of a new amendment to the Constitution to provide that if enough states concur, federal legislation will be repealed. This editorial in the Washington Examiner makes a good case for it.
About a week ago, the New York Times ran a piece on Barnett’s proposal and it drew the usual demented letters from its readers. One accused “tea party types” of hypocrisy for favoring the amendment, claiming that they’re supposed to be crazy about the Constitution — so how can they be in favor of this amendment?
The obvious answer is that part of the Constitution is its provision for amendments. The Founders understood that in the future the people might find it necessary to change their governing charter. Since it has become crystal clear that the Founders’ plan for limited government based on enumerated powers and checks and balances against overreach and usurpation has been wrecked, it is entirely appropriate that we should amend the Constitution to remedy the problem.