The lack of both legislative and judicial integrity led to a governmental system which is federalist in name but centrally planned in reality. Congress regularly passes laws which stretch the conceivable bounds of its powers. By failing to overturn such legislation, the Supreme Court ignores the benefits of federalism and the significance of dual sovereignty. These changes render the individual citizen's opinion rather meaningless while attacking the roots of democracy and threatening the liberties early Americans so earnestly tried to preserve. The People are left without a mechanism through which to speak on a national level. Because of this dissolution of the People's political ties, it becomes necessary for the governed to assert their inalienable right to prudently alter their form of government. This note contends the reserved rights of the People include the right to rescind any power usurped or abused by the federal government. In these times, the People cannot effectively influence policy, nor rely on state legislatures, Congress, or the Court to defend federalism. No other measure short of Constitutional amendment is potent enough or durable enough to attain and preserve an appropriate balance of power. States' Repeal, by a two-thirds majority of states, is the proper measure to reinvigorate a sound system of federalism, which, in turn, shall secure the blessings of liberty for current and future generations of Americans.
Note, States' Repeal: A Proposed Constitutional Amendment to Reinvigorate Federalism, 44 Clev. St. L. Rev. 547 (1996)