In the latest examples of state nullification, the legislatures of several states are considering bills to keep the federal government within its enumerated powers.
If you’ve followed my posts for a while, you know I love it when the states stand up to their creation in Washington, D.C. I’ve come across several examples of state nullification and decided to combine them into one small liberty-fest.
Missouri H.B. 2339
To repeal section 536.037, RSMo, and to enact in lieu thereof two new sections relating to state enforcement of federal regulations.
MO HB2339
Many people seem to forget that the states are not required to enforce federal regulations. Federal regulations are not made pursuant to the Constitution, and therefore are not the supreme law of the land.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;… shall be the supreme Law of the Land;
U.S. Constitution, Article VI, Clause 2
1. To ensure that the powers reserved to this state under Amendment X of
MO HB2339
the Constitution of the United States are protected and to ensure that the federal government does not encroach on this state’s status as an independent sovereign in a federal system of governance, all federal rules and regulations shall be subject to review.
2. No department or agency of this state shall enforce any rule or regulation promulgated by any federal agency within the borders of this state unless the enforcement of such regulation is approved by the general assembly.
One of the most important clauses in the Constitution is the Tenth Amendment. It codifies the idea the Federalists had that the central government can only do what the Constitution says it can do.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
U.S. Constitution, Amendment X
Since the states are the parties to the compact that is the Constitution, it’s their responsibility to make sure their creation stays within its defined boundaries. MO HB2339 seems designed to force state agencies to abide by both the Constitution of Missouri and the United States by requiring the representatives of the citizens of Missouri approve any federal legislation before it is acted upon.
The one thing I think is missing from this legislation is any punishment or enforcement mechanism. While it may exist in other Missouri law, there does not appear to be any penalty for a state official that enforces federal legislation that’s not been approved by the Missouri General Assembly.
Alabama HB123
This bill would provide that federal laws, federal and state court decisions, and federal and state executive orders pertaining to the implementation or enforcement of extreme risk protection orders are void in this state.
AL HB123
I’ve talked several times in the recent past about the dangers and illegality of “extreme risk protection orders” (ERPO), or as they are more readily known, “Red Flag Laws”. I’ve also documented several instances of the federal government trying to get states to enact such laws through the bribery of grants for doing so.
This bill would prohibit this state, any of its agencies, and any of its political subdivisions or their agencies from accepting any federal grants that may become available for the intended purpose of implementing or enforcing extreme risk protection orders against residents of this state.
AL HB123
This bill would also make it a Class D felony to attempt to enforce an extreme risk protection order issued by a federal court or pursuant to federal law.
AL HB123 not only prohibits state and local agencies from accepting grants (bribes) to implement “Red Flag Laws”, but also from enforcing any ERPO issued by a federal court or based on federal law. This bill would put some teeth behind that, declaring that the attempt to enforce a federal ERPO would be a Class D felony (punishable by 1-5 years in prison). Not only do I hope to see this bill become law, but hope the people Alabama does hire to execute their laws fully enforces this.
Wyoming HB0118
AN ACT relating to firearms regulation; establishing the Second Amendment Preservation Act; describing certain actions as infringing on the right to keep and bear arms; objecting to certain actions by the federal government; providing for the protection of specified rights; providing legislative declaration of authority; and providing for an effective date.
WY HB0118
The last of the three bills I’m looking at today comes out of Wyoming. Once again, we see a state use its powers, protected by the Tenth Amendment, to protect their citizens.
(a) The limitation of the federal government’s power is affirmed under the tenth amendment to the United States constitution.
(b) The state of Wyoming respects the proper role of the federal government, but rejects the proposition that such respect requires unlimited submission.
(c) The Wyoming legislature promotes responsible gun ownership and the proper enforcement of gun laws in existence on July 1 ,2020, but seeks to protect law abiding gun owners in Wyoming from future infringements of their second amendment rights by the federal government.
WY HB0118
Should it become law, how would this bill protect law abiding gun owners in Wyoming?
(a) The following federal acts, laws, executive orders, administrative orders, court orders, rules and regulations shall be considered infringements on the people’s right to keep and bear arms, as guaranteed by the second amendment to the United States constitution and article 1, section 24 of the Wyoming constitution, within this state:
WY HB0118
The bill goes on to list a series of federal actions that would be considered a violation of both the Wyoming and United States Constitutions, including:
- Taxes, levies, fees, or stamps imposed solely on firearms, firearm accessories, or ammunition.
- Registration or tracking of firearms, firearm accessories, or ammunition reasonably expect to limit or discourage their purchase or ownership.
- Any registration or tracking of owners of firearms, firearm accessories, or ammunition reasonably expected to limit or discourage the purchase or ownership of said items.
- The forbidding of possession, ownership, or use of a firearm, firearm accessories, or ammunition by a law abiding citizen.
- The mass confiscation of firearms, firearm accessories, or ammunition.
All federal acts, laws, executive orders, administrative orders, court orders, rules and regulations, enacted after July 1, 2020, which infringe on the people’s right to keep and bear arms as guaranteed by the second amendment to the United States constitution and article 1, section 24 of the Wyoming constitution shall be objected to and litigated against by the Wyoming attorney general on behalf of the citizens of Wyoming.
WY HB0118
This bill would also require that the attorney general of the state of Wyoming not only object, but litigate any infringement on the right to keep and bear arms on behalf of the citizens of the state of Wyoming. Lastly, this bill prohibits public servants from enforcing any federal action which is still being litigated by the state’s attorney general. Personally, I don’t like the idea of a state that objects to federal actions submitting their state’s sovereignty to the whim of a court that is part of the same government the state is suing. This is, however, a step in the right direction.
Conclusion
None of these bills are perfect. In truth, no bill is perfect, but these three examples show some movement towards restoring the balance of power our Founding Fathers created for us back in 1787. We have been trained to the point of brainwashing to believe that the federal government is the source of all power. Federal power flows to the states, which they then exercise over their people, but when we read the Declaration of Independence and the Constitution, especially the Tenth Amendment, we see a very different power structure. We the People form governments, not the other way around. We the People are the true sovereigns in this country. We delegate some of our powers when we create constitutions that form our state governments. Those states, in our name and by our authority, delegated some of their powers to a central government we now call the federal government. And just like any creator, it is incumbent on us to oversee our creations and ensure they are remaining with the boundaries we created for them.
I am glad to see the representatives of these three states doing their job to protect the rights of their citizens, not just from outside invasion, but from domestic infringement. If you live in one of these states, contact your representatives, encourage them to support this bill and suggest changes that can make them better. Contact your governors and remind them you expect them to execute all the legally adopted laws of their state. Tell them you will be watching them. And if they do not fulfill their oath to enforce these laws to protect your rights, you will find someone else who will.
It is time the We the People once again take up the mantle of a free people, and that we expend more time and effort vetting and holding accountable the people we hire to represent us. If we continue to be more concerned about what’s going on in social media or in the tirades of the political parties than in doing the work of citizens of a constitutional republic, we’ll find that all the laws in the world will not protect us when our creations become the Frankenstein monster history shows they will become.
