NYT editorial: The Repeal Amendment

With public attention focused on taxes, the deficit, gays in the military and nuclear arms reduction, little attention has been paid, so far, to the Tea Party’s most far-reaching move to remake American governance. It is contained within a bill, called the repeal amendment, that was introduced in Congress after the election. The bill won the support of the incoming House majority leader, Eric Cantor, and is supported by legislative leaders in 12 states.

The proposal is sweeping, expressing with bold simplicity the view of the Tea Party and others that the federal government’s influence is far too broad. It would give state legislatures the power to veto any federal law or regulation if two-thirds of the legislatures approved.

The chances of the proposal becoming the Constitution’s 28th Amendment are exceedingly low. But it helps explain further the anger-fueled, myth-based politics of the populist new right. It also highlights the absence of a strong counterforce in American politics.

With the Equal Rights Amendment as a model, it demonstrates the scope of the Tea Party’s ambition to drive politics and law far to the right. The E.R.A. failed to win passage, but it influenced Congress and the courts in equalizing the law’s treatment of gender.

(More here.)