Image Credit: TN General Assembly
The Tennessee Conservative [By Paula Gomes] –
A bill that sought to protect state sovereignty failed in the Senate State and Local Government Committee on Wednesday in a 6 to 3 vote.
Four of the six no votes belonged to Republican Senators Todd Gardenhire (R-Chattanooga-District 10), Tom Hatcher (R-Maryville-District 2), Ed Jackson (R-Jackson-District 25), and Committee Chair Richard Briggs (R-Knoxville-District 7).
Sponsored by Senator Janice Bowling (R-Tullahoma-District 16), Senate Bill 2657 (SB2657) was far from the first attempt to pass legislation to enact the “Restoring State Sovereignty Through Nullification Act.”
The companion House Bill (HB2610), sponsored by Representative Bud Hulsey (R-Kingsport-District 2), was referred to the House Calendar and Rules Committee earlier this month.
The legislation sought to establish processes by which the Tennessee General Assembly may nullify an unconstitutional federal statute, regulation, agency order, or executive order.
Recognizing that the United States Congress is denied certain lawmaking powers by the First Amendment and that the U.S. Constitution also denies the federal government powers “not delegated to it,” conservative legislators have attempted to get the legislation passed for years.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
3 Responses
Major problems with the bill Constitutionally rejected doctrine:
The Supremacy Clause (Article VI) makes the Constitution, federal laws, and treaties “the supreme Law of the Land.” The Supreme Court has repeatedly struck down nullification attempts: Ableman v. Booth (1859): Rejected Wisconsin nullifying the Fugitive Slave Act.
Cooper v. Aaron (1958): Unanimously held states cannot nullify Brown v. Board desegregation; states have no power to declare federal law void.
Other cases affirm federal courts (not states) have final say on constitutionality (Marbury v. Madison principle).
Nullification is not “jury nullification” or simple non-cooperation; it’s a state declaring federal law void and blocking enforcement. Courts view this as illegal defiance.
Legal vulnerability: A Tennessee law enabling this would likely face immediate federal court challenges and be enjoined or struck down. Tennessee’s own Attorney General opinions on similar past bills flagged separation-of-powers and Supremacy Clause issues. It could invite lawsuits, wasted resources, and federal retaliation (e.g., withholding funds, as seen in other disputes).
Better approach to federal overreach………. Legitimate state sovereignty tools include: Litigation: Sue over Commerce Clause, Necessary and Proper, or 10th Amendment violations (many successes in recent decades).
Non-cooperation: Refuse to enforce or provide resources for federal programs (anti-commandeering doctrine from Printz v. United States and New York v. United States protects this in many cases).
Interposition: More measured resistance or protest, short of declaring laws void.
Political accountability: Vote, advocate for originalism at the federal level, support spending limits or sunset clauses.
HB2610 tapped into frustration with distant bureaucracy but chose a historically discredited mechanism that courts would almost certainly invalidate. Good intentions on limiting government don’t make a bill “good” if it invites legal defeat, division, or sets poor precedent. Stronger federalism comes from winning in courts, Congress, and elections—not unilateral state declarations of nullity. The bill’s failure in the Senate was probably the right outcome.
Excellent analysis above. The continued ignorance of the people who promote this bill defies logic. They want things to mean what THEY want, not what has been reviewed and adjudicated for the last 250 years. This has been a waste of time and energy for the lawmakers, as well as grassroots who bought into the faulty legal position by dubious “experts” who are self-proclaimed. Particularly after Sen. Briggs asked the TN Attorney General to issue a review statement on the nullification issue to reiterate SCOTUS positions. After 3 failures over 3 years they have learned nothing. We attempted to bring a bill that would achieve similar results, but were more in line with the comments above. We were maligned instead of welcomed to find a common ground. Such is the way of hard radical right. Just as rabid as the radical left. Thank you for the above comments. Hopeful some will read and understand.
GROAN!! Needed to list Senators/parties of who voted in favor.
I emailed Briggs, Gardenhire Hatcher & Jackson, Re. Y’all’s killing of SB2657 to protect state sovereignty;
Y’all’s committee is one of TN’s worst enemies, right down there with the Senate Judiciary Committee.
TN would be WAAY better off without you arrogant pukes.