Friday, April 24, 2009

A Constitutional Convention? A Federalism Amendment?

Randy Barnett, a Constitutional Law prof at Georgetown, published an op-ed piece in the April 23, 2009, edition of the Wall Street Journal entitled, "The Case for a Federalism Amendment."

I need to chew on and digest these ideas before formulating an opinion, but it's a very interesting article.

I definitely like the idea of repealing the 16th Amendment and eliminating income taxes, but a constitutional convention might open the door to every nutjob special interest group in the world. I also like the idea of restricting the federal courts' torturous interpretation of the Commerce Clause to get Congress's hooks into anything it chooses. Taxes other than the income tax should be examined and eliminated, i.e., capital gains and estate taxes. Legitimate study and debate should be engaged concerning a Flat Tax or a Fair Tax. These "income-based" taxes could be considered in addition to, or in lieu of, a federal excise tax.

I like a re-affirmation of states' rights and home rule for non-enumerated powers, as the Founders intended. Hello, 9th and 10th Amendments, and the Republic! We've missed you!

All in all, this is an intriguing prospect, and worthy of serious and legitimate discussion.
Crossposted here.

1 comment:

  1. I'm not an attorney, let alone a constitutional law prof, but I certainly LIKE the thought behind the article.

    ReplyDelete