Refine & Enlarge
In September, Randy Barnett and William Howell penned a WSJ op-ed calling for a new, tea-party-esque amendment to the Constitution. The Repeal Amendment would allow two-thirds of the states to repeal any federal law. Draft text 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Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.
The NY Times has now taken note, linking the proposed amendment to attempts to undermine Obama-care. Naturally, any endeavor seeking to reign in the federal government will find opposition in big, blue states. But the concept is an interesting and serious defense of states' rights, and has a growing national appeal.
Always remember: Anything can happen.