AUSTIN, Tex. – A bill up for consideration in the Texas legislature would create a mechanism for the state to review and reject any federal order, law, police, rule, mandate or agency regulation that is found to violate the Bill of Rights of the Texas Constitution.
Introduced by Rep. David Simpson (R-Longview), House Bill 1751 (HB1751) would set a formal process for the state to not only stop providing material support for federal acts deemed a constitutional violation, but would also authorize the legislature to “interpose itself between the federal government and persons in this state to oppose the federal government in the execution and enforcement of federal law.”
If passed, the state legislature would be able to declare any federal act to be a violation of Article I of the Texas Constitution, the state’s Bill of Rights, with a two-thirds vote of both chambers. No action would be required from the Governor, fully bypassing what has often been a long and contentious veto override process.
Once such a determination has been made, no state agency, political subdivision or employ may “execute or enforce a provision, penalty, or sanction” provided by any federal act under that determination.
Such a withdrawal of support follows the advice of James Madison, who wrote in Federalist #46 that a “refusal to cooperate with officers of the Union” in multiple states would create “obstructions which the federal government would hardly be willing to encounter.”
“Madison gave us this strategy for individuals and the states at a time when the federal government was tiny in comparison to today,” said Mike Maharrey of the Tenth Amendment Center. “In modern times, as the feds have gotten involved in nearly every facet of our lives, this strategy is even more effective because they simply don’t have manpower to get the job done on their own.”
In a discussion on similarly-based legislation last year, Judge Andrew Napolitano agreed, suggesting that even a single state refusing to enforce a federal act would make it “nearly impossible” to enforce. And in late 2013, the National Governor’s Association noted that the “states are partners with the federal government in most federal programs.”
“A partnership doesn’t work too well with half the team saying no,” said Maharrey. “The feds are going to have an extremely difficult time violating the rights of Texans without the help of the state of Texas.”
By including a provision to authorize the legislature to include ways to interpose between the people of Texas and federal government in a determination of unconstitutionality under the act, the mechanism set by the bill would also allow the state legislature to keep options open beyond such non-participation as advised by Madison.
LEGAL BASIS
Refusing to participate with federal enforcement is not just an effective method, it has also been sanctioned by the Supreme Court in a number of major cases, dating from 1842.
The 1997 case, Printz v. US serves as the cornerstone. In it, Justice Scalia held:
The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.
As noted Georgetown Law Constitutional Scholar Randy Barnett has said, “This line of cases is now … considered well settled.”
NEXT STEP
HB1751 will first be assigned to a state House committee, where it will need to pass by a majority vote before the full House can consider it. Supporters are encouraged to contact their Texas state representative today and urge their support of HB1751.
In the second hour JD is joined by Stewart Rhodes, founder of the OathKeepers organization for a discussion about the true constitutional limits on government, how those limits affect the role of law enforcement in our society and the many ways in which the OathKeepers are working to prepare communities for instances where the Government chooses to ignore those limits.
Stewart is the founder and Director of Oath Keepers. He served as a U.S. Army paratrooper until disabled in a rough terrain parachuting accident during a night jump.
He is a former firearms instructor and former member of Rep. Ron Paul’s DC staff.
Stewart previously wrote the monthly Enemy at the Gates column for S.W.A.T. Magazine
Stewart graduated from Yale Law School in 2004, where his paper “Solving the Puzzle of Enemy Combatant Status” won Yale’s Miller prize for best paper on the Bill of Rights. He assisted teaching U.S. military history at Yale, was a Yale Research Scholar, and is writing a book on the dangers of applying the laws of war to the American people. Full Bio:https://redpillreports.com/guests/stewart-rhodes
Texas lawmaker Dan Flynn has introduced legislation that would invalidate within the sovereign borders of his state every act of the federal government that exceeds its constitutionally derived authority.
State Representative Dan Flynn’s bill — House Bill 98 — denies to the federal government:
the power to take any legislative, executive, or judicial action that violates the constitution, specifically including those actions that unconstitutionally undermine, diminish, or disregard the balance of powers between the states and the federal government established by the constitution.
Flynn goes on to cite chapter and verse of the Constitution and the principles of federalism in defense of his position that the state of Texas retains the power to refuse to carry out federal mandates that are not specifically authorized in the Constitution’s enumeration of federal powers.
Beyond his understanding of core concepts of federalism, Flynn is to be commended for the bold warning he included in his legislation:
This Act serves as notice from this state to the federal government to cease and desist any and all unconstitutional activities that are outside the scope of the power delegated to it by the United States Constitution, including those activities that unconstitutionally undermine, diminish, or disregard the balance of powers between the states and the federal government established by the constitution.
This state and its people retain their sovereign power to regulate the affairs of this state, subject only to the limitations prescribed by the United States Constitution.
Nothing more needs to be said. Flynn’s bill, officially titled the Texas Balance of Powers Act, is a full-throated defiance of federal tyranny and attempts to subjugate the states into nothing more that administrative sub-units of the plutocracy on the Potomac.
Representative Flynn seems to appreciate the fact that states are not left defenseless in the battle to fight the cancer of consolidation. There is a remedy — a “rightful remedy” — that can immediately retrench the federal government’s constant overreaching. This antidote can stop the poison of all unconstitutional federal acts and executive orders at the state borders and prevent them from working on the people.
The remedy for federal tyranny is nullification, and applying it liberally will leave our states and our nation healthier and happier.
The bill creates a Joint Legislative Committee on Nullification composed of key officers in the Texas state government that will be charged with “review[ing] any federal action to determine whether the action is an unconstitutional federal action.”
Texas — and her sister states — retain this right of refusal owing to their role as creators of the federal government.
Joe A. Wolverton, II, J.D. is a correspondent for The New American. Follow him on Twitter @TNAJoeWolverton.
Video: Here is a look at State Rep. Dan Flynn talking Border Security
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“But he was pierced for our transgressions, he was crushed for our iniquities; the punishment that brought us peace was on him, and by his wounds we are healed. We all, like sheep, have gone astray, each of us has turned to our own way; and the LORD has laid on him the iniquity of us all.”
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This is your last chance. After this, there is no turning back. You take the blue pill - the story ends, you wake up in your bed and believe whatever you want to believe. You take the red pill - you stay in Wonderland and I show you how deep the rabbit hole goes. ~ Morpheus
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