Congress Overruled By States In New Constitutional Amendment
This week, Rob Bishop, a Republican congressman from Utah, proposed a new constitutional amendment to the Constitution. The amendment, to be created by the passage and ratification of H.J. Res. 102, would overthrow the legislative primacy of the Congress of the United States of America, allowing state legislatures to overrule laws passed by Congress.
What’s more, Bishop’s amendment would allow state legislatures to overrule the regulatory actions of the Executive Branch. So, for example, the Endangered Species Act could remain in effect, but state legislatures could repeal any particular regulatory action to actual protect endangered species under the authority of the Endangered Species Act.
Under Bishop’s proposed amendment, a state-level repeal would take place whenever two-thirds of states passed legislation expressing the desire to repeal any federal legislation or regulation. The active clause of Bishop’s proposed amendment reads:
“Any provision of law or regulation of the United States may be repealed by the several States, and such repeal shall be effective when the legislatures of two-thirds of the several States approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”
H.J. Res. 102 most certainly does NOT “overthrow” the legislative primacy of the Congress! It ensures the ‘checks and balances’ that are supposed to be in place now, but which Congress and Senate seem to ignore these days. Washington continues to ignore the fact that the Constitution only grants the federal government those powers specifically granted them by the states….This H.J. Res. 102 ensures that if Congress passes legislation that is clearly against the will of the people the states have recourse. Why should anyone be so afraid of that? Are the feds afraid they may lose their current power??