The Bill of Federalism

Article [of Amendment 4] — [Recision Power of States]

Proposed Text

Upon application of the legislatures of two thirds of the states, any law, regulation or order of the United States shall be rescinded.

Professor Barnett's Commentary

4. At present, the only way for states to contest a federal law, regulation or order is to seek an amendment of the Constitution by applying for a constitutional convention to propose amendments that would must then be ratified by three-quarters of the states. This proposed amendment provides an additional check on federal power by empowering the states to rescind any law, regulation or order when two thirds of state legislatures concur this is necessary. Such a power provides a targeted method to reverse particular Congressional acts, administrative regulations, and executive and judicial orders without permanently amending the text of the Constitution.

Public Comment Section on the First Amendment of the Bill of Federalism

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