Tea Parties and Federalism Amendments


The assault on American traditions and freedoms led by the current congress and the Agitator-in-Chief has not gone unnoticed. boston_tea_party_1_mdThe Tea Party movement is one such reaction. A popular movement to study and understand the original meaning of the Constitution is another (also see here). And finally, means to strengthen the original meaning of the Constitution, enforcing the original meaning with structural changes in the government, are being widely considered.

Last week Randy Barnett, Carmack Waterhouse Professor of Legal Theory at Georgetown University, inspired by the originalist vision of the Tea Parties, wrote an op ed in the Wall Street Journal that argued for the enactment of a federalism amendment limiting the powers of the federal government. Ilya Somin at Volokh and others have been sending their learned feedback to Barnett, who revised his proposal from the single amendment with five sections in his WSJ op ed to Ten Federalism Amendments.

The Ten Amendments of The Bill of Federalism

PJTV has a thorough discussion by Barnett and Tea Party organizers on the merits of the proposed amendment that is worth listening to if you have an hour to invest. If you don’t have the time, I’ll summarize what I think are the most important points from the discussion.

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