Rep. Bud Hulsey in Tennessee understands the scale of the Constitutional crisis, and what states can and should do to respond.
Tennessee House Bill 726 - Restoring State Sovereignty Through Nullification Act
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Daniel Horowitz, writing at The Blaze:
March 2, 2023 - Tennessee lawmaker introduces the single most important bill for the life of our Constitution
…In Tennessee, Rep. Bud Hulsey (R) introduced a bill (HB 726) that would involve the people, all branches of the state government, and the county governments in constitutional interpretation affecting vital policies when they believe the federal government is clearly wrong. Either the governor may issue an executive order declaring the federal policy void; any member of the legislature can trigger a floor debate and vote to nullify the policy; a state court may declare said policy unconstitutional if it arises during the course of a legitimate case or controversy; any combination of 10 local governing authorities – either through their respective executives or legislative branches – may submit a petition for nullification that triggers a vote in the legislature; and any group of 2,000 registered Tennessee voters may submit a similar petition triggering an automatic legislative vote on nullification.
Once such a bill passes (or a policy is implemented by the governor via executive order), it would be unlawful for any state or local official to assist or fund the policy in any way. When factoring in the constitutionality of a federal policy from any of the three branches, the state legislature must consider the plain text of the Constitution, the ratification debates, state constitutions, the original members of Congress and the Supreme Court, and statements on natural law by philosophers whose wisdom was drawn upon by the framers of the Constitution.
This law would have no statute of limitations, meaning that it could trigger a debate and vote on any law of Congress, executive policy, or precedent from a court ruling…
From the text of the bill:
…SECTION 6: It is declared that federal laws, federal executive actions, and federal court opinions must comply with the jurisdictional limitations of the United States Constitution. It is further declared that any federal action outside the enumerated powers set forth in the United States Constitution are in violation of the peace and safety of the people of this state, and therefore, said acts are declared void and must be resisted.
SECTION 7. The proper manner of resistance is a state action of nullification of the federal action…
SECTION 8.
(a) Nullification is the process whereby this state makes an official declaration that:
A specific federal action has exceeded the prescribed authority under the United States Constitution;
That said action, as being ultra vires, will not be recognized as valid within the bounds of this state;
That said action, as being ultra vires, is null and void in this state;
That an officeholder, agency, or government employee, whether state, county, or city, serving under the authority of the Constitution of Tennessee shall not assist in any attempted enforcement of said federal action; and
That state or local funds collected under the authority of the Constitution of Tennessee shall not be used to assist in any attempted enforcement of said federal action…
In Tennessee, Rep. Hulsey has been joined by cosponsors Rep. Monty Fritts, Rep. Jay Reedy, Rep. John Crawford, Rep. Jody Barrett, Rep. Gino Bulso, Rep. Clay Doggett, Rep. Chris Hurt, Rep. Justin Lafferty.
They are boldly leading for the people Tennessee, just as leaders in the Canadian province of Alberta did for the people of Alberta in December 2022.
David Kelly writing at The New American:
Dec. 27, 2022 - Alberta Passes Law Rejecting Federal Sovereignty. :
…Seeking to take a stand against federal legislation and policies that are unconstitutional, the provincial government of Alberta introduced, passed, and instituted the Alberta Sovereignty within a United Canada Act this month.
The provincial government overview stated, “The act will be used to address federal legislation and policies that are unconstitutional, violate Albertans’ charter rights or that affect or interfere with our provincial constitutional rights…. The act gives Alberta a democratic legislative framework for defending the federal-provincial division of powers while respecting Canada’s Constitution and the courts.”
The Alberta government designed the act to, as stated,
“Shift the burden to the federal government to legally challenge Alberta’s refusal to enforce unconstitutional or harmful federal laws or policies instead of Alberta having to initiate legal challenges and waiting years for a decision while those same federal laws or policies harm Albertans day in and day out.”
Go, states, go.
Keep pushing, People.
Read the bill in its entirety and get it into the hands of state legislators across the country.
Bailiwick reporting on ultra vires challenges:
June 22, 2023 - Smart v. Kemp. Ultra vires - ‘beyond the power.’
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