The Tea Party's Constitution

15 Pages Posted: 14 Jan 2012 Last revised: 20 Jan 2012

See all articles by Richard F. Duncan

Richard F. Duncan

University of Nebraska at Lincoln - College of Law

Date Written: January 13, 2012

Abstract

The Tea Party is a populist constituency for constitutional amendments designed to advance federalism and to limit the size of the federal government. Randy Barnett, who considers the Tea Party a “market” for constitutional reform, has recently collaborated with Tea Party activists to call for a constitutional convention to consider proposing Barnett’s “Repeal Amendment” for ratification.

The Repeal Amendment would allow any federal law or regulation to be repealed by a vote of the legislatures of two-thirds of the states. This amendment has been criticized by Sanford Levinson for giving too much power to “the extortionate demands” of “small parochial rural states.” However, this paper concludes that the Repeal Amendment would be one small means of advancing the constitutional values of federalism, especially the value of individual liberty and the often overlooked sanctuary function of federalism.

Suggested Citation

Duncan, Richard F., The Tea Party's Constitution (January 13, 2012). Available at SSRN: https://ssrn.com/abstract=1984699 or http://dx.doi.org/10.2139/ssrn.1984699

Richard F. Duncan (Contact Author)

University of Nebraska at Lincoln - College of Law ( email )

103 McCollum Hall
P.O. Box 830902
Lincoln, NE 68583-0902
United States

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