There's been some talk in libertarian circles about a "repeal amendment" to the US Constitution that would give state legislatures the power to repeal federal legislation if 2/3 of the states voted to do so. Randy Barnett talks about it here, and mentions the endorsement of the idea by Virginia's governor here.
I don't necessarily oppose this idea per se. There's something to be said for allowing the people's representatives at one level to overrule the people's representatives at another level (although I would put limits on what types of things could be repealed...but that's a discussion for another day.)
The real problem with this proposal is that it perpetuates the broken system of the Senate, where each state is given equal representation. There's no defensible reason to give this power to a certain proportion of the states, rather than a certain proportion of the people.
And it wouldn't exactly be difficult to give it to a proportion of the people, even if we want the mechanism to be state legislatures. Take weighted averages of the votes in each state legislature based on that state's population. (For instance, a state that contains 2% of the country's population and which splits 50-50 on the measure would contribute 1% to the total. This way, the total would more accurately represent the proportion of the American people (as opposed to the American states) that favor repeal.
This isn't 1789. We don't need to appease the small states by giving them outsized power in the government any longer.
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