Abbott calls for state power to nullify U.S. laws, Supreme Court rulings Governor wants constitutional convention

Gov. Greg Abbott, shown in November speaking out against White House plans to resettle more Syrian refugees in the United States, is calling for a constitutional convention and offering a plan that would allow states to overrule federal laws and Supreme Court decisions. less Gov. Greg Abbott, shown in November speaking out against White House plans to resettle more Syrian refugees in the United States, is calling for a constitutional convention and offering a plan that would allow ... more Photo: Pablo Martinez Monsivais, Associated Press Photo: Pablo Martinez Monsivais, Associated Press Image 1 of / 1 Caption Close Abbott calls for state power to nullify U.S. laws, Supreme Court rulings 1 / 1 Back to Gallery

AUSTIN -- Gov. Greg Abbott wants to dramatically curtail the U.S. Supreme Court's power and slash federal oversight of states through a national convention to amend the U.S. Constitution.

His Friday proposal comes in the wake of Republican outrage over President Obama's actions on issues, including gun control and immigration; Supreme Court decisions on cases involving such matters as gay marriage and health care; and federal agency action on the environment and other issues.

Convening such a national gathering is allowed under the U.S. Constitution, but would be a difficult proposition. It would require approval by 34 states -- including Texas through its Legislature. Abbott is not calling for a special legislative session in Texas, leaving the issue to the 2017 legislative session.

If the convention occurred and it backed changes to the U.S. Constitution, the amendments would require ratification by 38 states.

Abbott's idea follows a push for a constitutional convention by other Republican leaders around the country, but much of the previous discussion has centered on a federal balanced-budget amendment.

Abbott is pushing a proposal to require Congress to balance its budget, but he goes further.

His plan would require a seven-justice super-majority vote of the U.S. Supreme Court for decisions that invalidate "a democratically enacted law."

Further, it would allow U.S. Supreme Court decisions to be overridden if two-thirds of states unite against them.

Abbott's plan would allow a two-thirds majority of states to override a federal law or regulation and prohibit administrative agencies from pre-empting state law or "creating federal law."

It would bar Congress from regulating activity that occurs just within one state; limit the federal government to powers expressly delegated to it in the Constitution; and give state officials additional power to sue when federal officials overstep their bounds.

Even some Republicans open to the idea of a constitutional convention have pointed out that there is risk to the long-shot idea in that it could result in changes far beyond what those calling for it desire.