AN ACT to amend Tennessee Code Annotated, Title 3 and Title 4, relative to nullification.
Impact
If passed, HB2795 would amend various sections of the Tennessee Code Annotated to formalize the process for nullification. This would involve the General Assembly being empowered to review and declare federal actions as unconstitutional. In addition to enabling legislative nullification, the bill permits registered voters to compile signatures to prompt legislative action, potentially involving substantial public engagement in governmental processes. The implications of this could lead to significant challenges against federal laws and regulations deemed unconstitutional by state representatives or the public.
Summary
House Bill 2795, also known as the 'Restoring State Sovereignty Through Nullification Act', aims to establish a framework through which the state of Tennessee can declare certain federal actions as unconstitutional and thereby nullify them. The bill asserts that the powers of the federal government are limited and enumerated by the U.S. Constitution, and that any federal actions exceeding these powers can be deemed invalid within the state. By allowing both legislative and public input, this bill introduces a mechanism for residents to challenge federal actions they believe overstep constitutional bounds.
Contention
The proposed bill highlights a divide between proponents of states' rights and federal authority. Supporters argue that it is a necessary step to reclaim state authority against federal overreach, reflecting a historical perspective rooted in the principles of the Constitution. However, opposition may arise from concerns that this creates a legal framework that could disrupt the uniformity of federal laws and weaken the enforcement of essential federal protections. Critics fear such a framework could lead to confusion and conflict between state and federal jurisdictions, complicating governance and legal compliances.
Additional_provisions
The bill stipulates specific methods for enacting nullification, including direct legislative proposals, executive actions by the governor, and submissions from local governments or groups of registered voters. Importantly, it asserts that federal actions will be evaluated based on their constitutionality, encouraging an interpretive process that draws from constitutional history and the framers' original intent. The bill also includes provisions for public dissemination of voting results and legislative processes concerning nullification.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)
(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)
(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.