SB 479

This bill enacts the "Restoring State Sovereignty Through Nullification Act, "" which contemplates the review of any federal action to determine whether the action is an unconstitutional federal acti on. When evaluating a federal action, the general assembly must consider the plain reading and reasoning of the text of the United States Constitution and the understood definitions at the time of the framing and construction of the Constitution by the fr amers before making a final declaration of constitutionality, as demonstrated by all of the following :  The ratifying debates in the several states .  The understanding of the leading participants at the constitutional convention .  The understanding of the doctrine in question by the constitutions of the several states in existence at the time the United States Constitution was adopted .  The understanding of the United States Constitution by the first United States congress .  The opinions of the first chief justice of the United States supreme court .  The background understanding of the doctrine in question under the English Constitution of the time .  The statements of support for natural law and natural rights by the framers and the philosophers admired by the framers. This bill declares 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 po wers set forth in the United States Constitution are in violation of the peace and safety of the people of this state, and therefore, s uch acts are declared void and must be resisted. One proper manner of resistance is a state action of nullification of t he federal action. This bill provides that n ullification is the process whereby this state makes an official declaration that (i) a specific federal action has exceeded the prescribed authority under the United States Constitution; (ii ) such action, as b eing ultra vires, will not be recognized as valid within the bounds of this state; ( iii ) such action, as being ultra vires, is null and void in this state; ( iv) a n officeholder, agency, or government employee, whether state, county, or city, serving under the authority of the Constitution of Tennessee must not assist in any attempted enforcement of said federal action; and ( v ) s tate or local funds collected under the authority of the Constitution of Tennessee must not be used to assist in any attempted enforcement of said federal action. Further, t he general assembly has sole authority to prescribe the crimes, penalties, fines, or other consequences of the violation of a bill of nullification by any person found w ithin the boundary of this state. S uch consequences must be specified in the bill of nullification before a final vote is taken on its passage. This bill provides that s tate nullification of federal action may be accomplished in any of the following wa ys:  The governor may, by the governor's own executive authority, issue an executive order nullifying the same, whereby all executive departments of the state are bound by said order .  Any member of the general assembly may introduce a bill of nullification in the general assembly. For any such proposed bill of nullification, the bill is not subject to debate or passage in committees, and proceeds directly to the floor of each house. Each house must give its members notice of five legislative days before the bill is scheduled for debate on the respective floor for purposes of amendments thereto in accordance with house rules, as applicable, including amendments that provide penalties or punitive measures to ensure compliance with the bill by state and local governmental departments, agencies, and officers. Within five legislative days after such period of notice, the bill must be scheduled for debate on the floor of each house, and thereafter, within three legislative days after the debate is closed, must be presented for a vote on each floor. The bill, if passed in the same manner as other general law, has the force and effect of law, and becomes effective immediately upon enactment. However, such time constraints may be changed by majority vote of any house of subsequent general assemblies .  Any court operating under the authority of the Constitution of Tennessee may render a finding or a holding of nullification in any case in which it otherwise has proper venue and jurisdiction, wherein the parties to said case will, upon final judgment, be bound thereby in the same manner as in other cases .  Any combination of 10 counties and municipalities may, through the action of the executive or through the action of a majority of the governing legislative body, submit a petition of nullification to the speaker of the house of representatives, with a copy to the office of the attorney general and reporter, and upon satisfactory proof that said petitions are valid, the speaker of the house of representatives must proceed to introduce the bill and follow the same methods and protocols as described above relative to action by the general assembly.  The signed petitions of 2, 000 registered voters of this state may submit signed petitions of nullification to the speaker of the house of representatives, with a copy to the office of the attorney general and reporter, and upon satisfactory proof that said signatures are valid, the speaker of the house of representatives must proceed to introduce the bill and follow the same methods and protocols as described above relative to action by the general assembly. S uch voter petitions must not be submitted individually, but s uch petitions must be coordinated and compiled in batches, by county of voter registration, of not less than 25 voters per county in a bundled batch. This bill requires the result of the roll call vote on each house floor to be published in the official records of each house and disseminated to the people in the same manner as with other bills. T his bill provides that the procedures contained in this bill are available to challenge any federal action, whether said action is past, present, or future. A bill of nullification must not be rejected because of any perceived statute of limitation or bec ause said federal action was taken in the distant past. Any federal action may be considered, or reconsidered, as the people or their representatives may think proper. Regarding the same federal action, a bill of nullification must not be considered by t he general assembly more than once each legislative session. If s uch bill fails, then it may be considered again in any succeeding year, but not more than once per year. If s uch bill is enacted, then the provisions of the bill become the law of this stat e. Formal pleadings or petitions are not required for a bill of nullification. It is sufficient if the pleading or petition is in substantially the form as set forth in this bill."