Strongly urges the U.S. Congress to propose the State Powers Amendment to the U.S. Constitution
Impact
If enacted, SCR32 would empower states to overturn federal laws by a majority vote from state legislatures, effectively granting them significant authority over federal regulations. Additionally, the amendment would allow states to regulate aspects of appellate jurisdiction for federal courts, thus challenging federal judicial authority. This proposed shift could lead to increased state influence in areas traditionally managed by the federal government, potentially impacting various laws ranging from environmental regulation to healthcare and education.
Summary
SCR32, formally titled the State Powers Amendment (SPA), is a resolution urging the U.S. Congress to propose an amendment to the United States Constitution that would enhance the regulatory powers of the states. It asserts that Congress has exceeded its legislative authority, encroaching upon the rights reserved to the states and the people. The resolution emphasizes the need for a constitutional framework that allows states to repeal federal laws and regulations when a representative majority of them concur, thereby restoring balance between federal and state powers.
Contention
The proposed amendment has garnered both support and criticism. Proponents argue that it is necessary for the preservation of state rights and to prevent federal overreach, calling for a legislative mechanism to protect the interests of local populations. Critics, however, express concerns that such an amendment could lead to a chaotic legal landscape where varying state decisions undermine national policy cohesion. Furthermore, there is apprehension about the implications for civil rights, as states may opt to repeal federal protections in areas such as health care and civil liberties, effectively putting those rights at risk against state-level actions.
Urging Congress to call a constitutional convention for the purpose of proposing a constitutional amendment that permits the repeal of any federal law or regulation by vote of two-thirds of the state legislatures.
A resolution to affirm the constitutional right of the people of Michigan to propose amendments to the Michigan Constitution and to approve or reject those amendments, including constitutional amendments that impact federal elections, such as Proposal 3 of 2018 and Proposal 2 of 2022.
A resolution recognizing the expiration of the Equal Rights Amendment proposed by Congress in March 1972, and observing that Congress has no authority to modify a resolution proposing a constitutional amendment after the amendment has been submitted to the States or after the amendment has expired.