Texas Governor Greg Abbott is going to ask the Texas State Legislature to call for a Constitutional Convention, growing the number of states who have already called for one. In addition, he’s laid out a number of proposed new amendments in excruciating detail. Key features are:
- Prohibit Congress from regulating activity that occurs wholly within one State.
- Require Congress to balance its budget.
- Prohibit administrative agenciesâ€”and the unelected bureaucrats that staff themâ€”from creating federal law.
- Prohibit administrative agenciesâ€”and the unelected bureaucrats that staff themâ€”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.
- 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.
Most of these would represent improvements, but I think number six is a bad idea. It’s a bad enough idea I’d reject the whole proposal just to get rid of this bad idea. If this had been in place, Heller and McDonald would have both lost. You could go through and find numerous other cases that have expanded civil liberties that would have lost.
I’ve never agreed with conservative arguments about judicial activism and judicial restraint. Much of what conservatives call judicial activism are judges doing their jobs. If you ask me, the Court is far too respectful of democratic prerogatives of legislatures.
Perhaps the answer is to subject the federal courts to more democratic accountability. I’ve become convinced more recently that perhaps the founders were wrong to make federal judges appointed for life, with no recourse for the people. I’m open to action on this front, but not the kind of populist, judicial minimalist garbage Abbott is proposing here.