Inside Track
Texas Bill Would Create Process for Nullification
On January 10, legislation was introduced in the Texas Legislature to nullify unconstitutional federal actions. If passed, the Texas Sovereignty Act (H.B. 384 and S.B. 313) would create a Joint Legislative Committee on Constitutional Enforcement to “review federal actions that challenge the sovereignty of the state and of the people for the purpose of determining if the federal action is unconstitutional.” “Federal actions” would include federal laws, executive orders, executive-branch regulations, federal-court rulings, and treaties. Both bills are awaiting committee assignments.
To determine whether a federal action is unconstitutional, the committee would “consider the plain reading and reasoning of the text of the United States Constitution and the understood definitions at the time of [its] framing and construction.”
If the House, Senate, and governor concur with the committee’s findings on a particular action, that federal action would be declared unconstitutional and legally null in Texas, making it illegal to enforce it in any way on the state or local level. The two bills would require state courts to “rely on the plain meaning of” the U.S. Constitution “and any applicable constitutional doctrine as understood by” the Founding Fathers when hearing cases challenging the constitutionality of federal laws.
JBS Member or ShopJBS.org Customer?
Sign in with your ShopJBS.org account username and password or use that login to subscribe.
Subscribe Now
- 24 Issues Per Year
- Digital Edition Access
- Exclusive Subscriber Content
- Audio provided for all articles
- Unlimited access to past issues
- Cancel anytime.
- Renews automatically
Subscribe Now
- 24 Issues Per Year
- Print edition delivery (USA)
*Available Outside USA - Digital Edition Access
- Exclusive Subscriber Content
- Audio provided for all articles
- Unlimited access to past issues
- Cancel anytime.
- Renews automatically