Monday, April 05, 2010

"Second method of constitutional amending process" suggested by conservatives to repeal Obamacare!

Once again, conservatives are raising the idea of using “Method 2” of amending the constitution, starting with state conventions, to try to repeal “Obamacare” with a constitutional amendment. You can read all about it in an op-ed by Gary Palmer and Harold See called “Constitutional convention: Another strategy for fighting health care reform law” in the Commentary Section, B, of The Washington Times, Friday, April 2, 2010. The link is here.

The basic contention is that the federal government does not have the power to order people to buy something (outside of a privilege like driving) and many states are trying to override the mandatory purchase requirement as a states rights issue. Similar concerns could come up with new rules for car emissions, which will make cars more expensive again -- but, after all, driving is a "privilege."

Method 2 was tried in the 1970s with a balanced budget amendment, but there were never enough states.

I suppose that the reason for suggesting Method 2 is that Method 1 will never get anywhere in a Democratic Congress.

In my draft of my first book I discussed the call of the People’s Party of New Jersey back in the early 1970s for a constitutional convention, and my proofreader caught the typo “constitutional conventional”!

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