You may have noticed that, every once in a while, 535 men and women in Washington manage to pass legislation that most Americans dislike. What to do?
In today's WSJ, Prof. Randy Barnett and William Howell (Speaker of the Virginia House of Delegates) have an idea that sounds great to me: a "Repeal Amendment." This would be an amendment to the US Constitution that says the following:
Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.
This is a more powerful idea than nullification (which I discussed here). Nullification, if it has any validity, only allows a state to ignore federal law that transgresses constitutional bounds. But with a repeal power, states can reject federal law on any policy ground. There's more discussion at Volokh and at the WSJ Law Blog. I have my doubts about nullification, but this amendment is change I can believe in!