Randy Barnett has a different variation on a federalism amendment. Section two is the one I find most interesting:
Section 2. Whenever two thirds of the Governors of the several States concur, they may rescind any law or regulation of the United States, or they may propose amendments to this Constitution, which shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States.
I actually would suggest something even a little more radical. To allow the state legislatures of just 1/5th of the several states, which would be ten states currently, to propose repealing federal laws by putting the matter to a referendum vote. So if ten states vote to, say, repeal ObamaCare, it would go on the ballot to be voted on by the people. It would look something like this:
Section 2. Whenever one fifth of the legislatures of the several states shall concur, they may propose toÂ rescindÂ a law the United States, which shall beÂ rescindedÂ for all intents and purposes, whenever the people in two thirds of the states shall approve through direct vote, to be held on the election day for members of the United States Congress, according to the law of each state in which the ballot measure shall be held.
I think the barrier to amending the constitution needs to be pretty high, but I’m not too concerned about the people being able toÂ rescindÂ federal laws, especially if they are unpopular. What do you think?