Over at the Volokh Comnspiracy, Randy Barnett has posted his suggestions, provoking some fascinating comments. Barnett writes,
THE FEDERALISM RESTORATION AMENDMENT
The legislative power of Congress shall not be construed to include mandating, regulating, prohibiting or taxing the private health insurance of any person; nor shall the power of Congress to make all laws which are necessary and proper to regulate commerce among the several states be construed to include the power to mandate, regulate, prohibit or tax any activity that is confined within a single state and subject to the police power thereof, regardless of the activity’s economic effects outside the state, whether it employs instrumentalities therefrom, or whether its regulation or prohibition is part of a comprehensive federal regulatory scheme.
I commented with the following:
As long as we're
- The Commerce Clause shall be interpreted as follows: Congress may not regulate any commercial activities confined solely within the borders of a State.
- Congress may not nationalize or have any ownership interest in any business, industry or other commercial endeavor.
- Congress may not pass unfunded mandates.
- Congress may not link funding to any specific actions on the part of the States or the People.
- Neither Congress nor any State may mandate the individual purchase of any goods or services.
- States may not tax businesses not physically located within the boundaries of that State.
- No executive order may remain in effect for more than 365 days without Congressional review and approval.
- No Act of Congress may remain in effect for more than five years without Congressional review and approval.
- Any Act passed by Congress will apply to all elected, appointed and career members of the executive, legislative and judicial branches.
- Any Act passed by Congress must be on a pay as you go basis.
- No regulatory agency has authority to alter or amend its scope or requirements without said regulation being reviewed and approved by Congress.
- Prisoners of War and non-legitimate combatants are not entitled to any access in any US court.
- The Second Amendment shall be read as written. The right of individuals to keep and bear arms shall not be infringed.
- The rights and privileges enumerated in this Constitution are restricted to US citizens and legal residents only.
I'm no lawyer, but I think that by framing it this way, the Equal Rights parts are unaffected. We want to restrict the power of the feds to use the Commerce Clause to stick their noses into things they shouldn't be. Thoughts?