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May 21, 2009

Barnett's Bill of Federalism

Randy Barnett discusses his proposed federalism amendments at Forbes. We looked at it in some detail a few weeks ago.

Barnett suggests that his proposal be taken up by states and tea parties instead of the purely symbolic sovereignty declarations. I agree, though I don't support every last one of his amendments.

It will become the rallying cry of Tea Parties and other citizen groups across the nation and, like the Contract with America, can provide an organizing document for candidates seeking state and federal office. Candidates to state legislatures can campaign on proposing it to Congress, and candidates for Congress can campaign on proposing it for approval by the states.

And I fully expect that the Supreme Court would try to forestall its adoption by moving toward the original meaning of the Constitution, which it is always free to do. After all, even without a Bill of Federalism, the federalism embodied in the written Constitution is still the Supreme Law of the Land.

The proposed Bill of Federalism with comments and explanation for each amendment is here.


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posted by Gabriel Malor at 11:41 AM

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