Here’s my entry to Eugene Volokh’s contest–a sunset amendment.

“All laws passed by the Congress shall remain in effect for no more than ten calendar years from the date of passage, at or prior to which time they must be repassed, or expire. All federal laws in existence at the time of passage of this amendment shall have staggered expiration dates, as a function of their age on the books, according to the formula, time-to-expire = 35 x (year-of-amendment-passage – 1787)/(year-of-amendment-passage – year-of-law-passage) + 5. Repassage of all existing laws will also have a lifetime of ten years.”

I’ve put some (but not a tremendous amount of) thought into this. The idea is to make the whole mess go away eventually, but you wouldn’t want to have a single date of expiration for all existing law–it would simply overwhelm the system. What I’m hoping for here is something that whelms the system only slightly, but enough to keep them so busy renewing important laws that they won’t have time to renew antiquated or bad ones, or to cause new mischief.

The formula has the earliest phaseouts (of the most recent laws) occur in five years, while the oldest laws (some of which, given their age, might have actually been good ones), can hang on as long as forty. The last sentence may be redundant, because it’s implied by the first sentence, but I want to make it clear that once law existing prior to amendment passage has been reauthorized, it has no special status among laws passed later–it is simply treated as any other newly-passed law.

I also suggested repealing the sixteenth and seventeenth amendments.