This is a form of state nullification but it is critically missing the limitation that states ONLY reject UNCONSTITUTIONAL federal acts. Otherwise that state act and that amendment violates the Supremacy Clause. The rejected federal statutes and court decisions must be deemed UNCONSTITUTIONAL by a good-faith effort by the state legislature or court to apply the original text, intent and understanding of the Constitution.
However, valid state nullification is ALREADY a power of the state. As the Ninth and Tenth Amendments confirm, any power not granted by the Constitution to the feds or prohibited by it from the states, belongs to the state and the people. There is nothing prohibiting the states from BEGINNING IMMEDIATELY to nullify unconstitutional federal acts and decisions. Arizona has just passed such legislation allowing the state to nullify unconstitutional federal acts.
Even though valid state nullification needs no constitutional amendment, an amendment wouldn't hurt as a confirmation of that right which is exactly what the first Ten Amendments do. So, like the first Ten Amendments, the wording should start with something like, "Congress or the federal government shall not abridge the right of a state..."
We must get the Constitution into the center of any national political discussion because it is the Law of the Land, our Rule of Law, the only legal protection of our freedoms and free way of life. If WE the people do not preserve, protect, and defend the Constitution, nobody else will, certainly not the government who hates the limitations of the anti-government Constitution.
> “Otherwise that state act and that amendment violates the Supremacy Clause.”
So what? The 11th Amendment then violates Article 3, Section 2? No, it amends it.
Section 2 of Amendment 28 above amends the Supremacy Clause. The states by majority vote of 2/3’s of state legislatures can override anything. And why not? Can 2/3’s of both chambers of Congress override the Executive? Can 2/3’s of both chambers of Congress and 3/4’s of State Legislatures override anything? Si se pueden.
What Section 2 of Amendment 28 above does is tilt more power to states to override anything the federal government concocts. And why not? The federal government has caused a lot of grief and it’s time to put them back on training wheels or in the doghouse or both.
And Section 2 above was not dreamt up by me. It was the work product of Mark Levin and Constitutional Scholar and Law Professor Randy Barnett. You can take issue with them if it pleases you.
You should listen several times to this tour de force presentation before turning green with constipated self-importance:
https://www.youtube.com/watch?v=tdZuV8JnvvA