Federal Government’s Pandemic Response Inspires Tennessee State Right’s Bill

Image Credit: capitol.tn.gov

The Tennessee Conservative [By Adelia Kirchner] –

Rep. Bud Hulsey (R-Kingsport-District 2) has introduced a revamped version of a states’ rights bill that was proposed in 2022.

As introduced, House Bill 0726 (HB0726) enacts the “Restoring State Sovereignty Through Nullification Act,” to better verify the constitutionality of actions taken by the federal government.

Last year, Sen. Janice Bowling (R-Tullahoma-District 16) proposed a shorter bill to do the same thing as Rep. Hulsey’s current proposal. However, that Senate bill did not make it through the 2022 legislative session.

At the time Sen. Bowling noted many overreaches of the federal government, made in the name of COVID-19, and told The Tennessee Conservative that the legislation’s sponsors felt good about getting the bill passed during the 2023 legislative session.

The basic premise for this legislation is outlined in Section 7 of the current bill which states that, “Bills must be passed by both houses of congress and then approved by the president (or by a presidential veto by congress). This is the only method of lawmaking under the Constitution of the United States. […] contrary to popular opinion, federal executive orders, federal agency rules and regulations, and federal court opinions are not laws at all, and they are certainly not settled law or the supreme law of the land.”

The language then goes on to clarify that “any action by the executive branch or the judicial branch that purports to be law, or that purports to be treated as law, is a usurpation of powers not delegated to it.”

However, it remains quite common for the federal executive branch to venture outside of the powers it is granted by the Constitution.

Alongside a horizontal “separation of powers” across the different branches of the federal government, there is also a vertical “separation of powers” detailed in Article I, Section 8 of the U.S. Constitution. This means that there is also an important separation of power between the federal and state governments.

According to the First Amendment, the U.S. Congress was specifically denied certain lawmaking powers, and the federal government was “specifically denied powers not delegated to it in the Constitution of the United States.”

Ultimately, HB0726 would set up a process in which the Governor of Tennessee could, by executive order, nullify an action taken by the federal government through undue power.

The Tennessee General Assembly would similarly be able to nullify such an action, if a General Assembly member takes it upon themselves to introduce a “bill of nullification.”

This “bill of nullification” would then be sent directly to the Senate and House floors for a vote.

Signed petitions of 2,000 registered voters within the state of Tennessee would also be eligible for presentation to the speaker of the House of Representatives. Upon verification of those signatures, a “bill of nullification” would be introduced and sent directly to the Senate and House floors for a vote.

This legislation is currently awaiting committee assignment in the House of Representatives.

About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee.