The Case for a ‘Repeal Amendment’

In its next session beginning in January, the legislature of Virginia will consider proposing a constitutional "Repeal Amendment." The Repeal Amendment would give two-thirds of the states the power to repeal any federal law or regulation. Its text is simple:

"Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed."

The Cato Institute makes the case for a "Repeal Amendment", which I find intriguing because I support putting the cause and effect of governance as close to the People as possible and I think this would, if nothing else, accomplish that.


  1. Interesting that this comes out of Virginia, one of the first states to file suit against the health care reform act. I guess if the Supreme Court eventually rules against them, this would be another way to keep the ball rolling.

    Fortunately, it takes a 2/3 vote in both the House and Senate to even start the amendment process — and the odds against this particular idea coming close to that level are about nil. How many U.S. Senators or Representatives would ever consider relinquishing their Constitutionally specified power to create laws?

    What a nightmare it would be. Every time some federal legislation is passed that upsets a governor or two, we could put the whole legislative process in an uproar as the opposition spends time and state money trying to round up 34 states to go along.

  2. re: Bill to Repeal Presidential Term LimitsThis bill has actually been suitmbted to congress every year since 1977 by Jose Serranto with no support and has been referred to the House Judicial Committe every year (this one included). It is very unlikely that this will ever even make it to the House floor.

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