AN ACT to amend Tennessee Code Annotated, Title 3 and Title 4, relative to nullification.
SB2657 creates the “Restoring State Sovereignty Through Nullification Act” and adds a new chapter to Title 4 of the Tennessee Code. The bill sets out an extensive constitutional and historical statement of findings asserting that the federal government is limited to enumerated powers and that Tennessee may declare certain federal actions void within the state. It defines “federal action” broadly to include federal laws, agency rules, presidential executive orders, federal court orders or decisions, and treaty enforcement.
The bill establishes a process for the General Assembly to review federal actions and determine whether they are “unconstitutional federal action.” In making that determination, lawmakers are directed to consider originalist sources such as ratification debates, the constitutional convention, early state constitutions, the first Congress, early Supreme Court opinions, English constitutional background, and natural-rights philosophy. If the General Assembly concludes a federal action exceeds constitutional authority, the act declares that action void and subject to resistance.
SB2657 also authorizes several mechanisms for state nullification. The governor could issue an executive order nullifying a federal action; a legislator could introduce a “bill of nullification” that bypasses committee review and moves directly to floor votes; Tennessee courts could make nullification findings in cases within their jurisdiction; and petitions could be initiated by a coalition of counties and municipalities or by 2,000 registered voters. The bill further provides that state and local officials may not assist in enforcing the targeted federal action and that state or local funds may not be used for that purpose.
The bill would significantly affect Tennessee law by creating a new statutory framework for rejecting federal actions the state deems unconstitutional, while also prescribing special legislative procedures, notice requirements, and petition formats for nullification efforts. It would apply retroactively and prospectively to past, present, or future federal actions, and it states that any penalties for violating a nullification bill must be specified in the bill itself. The act is scheduled to take effect July 1, 2026.
The general sentiment reflected in the bill text is strongly pro-state-sovereignty and anti-federal-overreach, with the measure framed as a defense of constitutional limits and individual rights. However, the available voting history shows the bill failed in the Senate State and Local Government Committee by a 3-6 vote, indicating substantial opposition. The main point of contention is the bill’s sweeping nullification theory, including its assertion that Tennessee can declare federal laws, executive actions, and court decisions void within the state and instruct state and local officials not to cooperate with enforcement.
SB2657 would add a new chapter to Title 4 of the Tennessee Code establishing a statutory nullification process and related legislative, executive, judicial, and petition procedures. It would direct state officials to treat certain federal actions as void in Tennessee, prohibit state and local assistance in enforcement, and create special rules for introducing, debating, and voting on nullification bills. The bill would also affect how Tennessee interprets federal constitutional authority by embedding an originalist review framework into state law.
The bill’s tone and stated purpose are strongly supportive of state sovereignty, constitutional originalism, and resistance to perceived federal overreach. The committee vote suggests that, despite that ideological support among some members, the proposal faced clear resistance and did not advance out of the Senate State and Local Government Committee. Overall, the available record indicates a polarized reception, with proponents favoring aggressive state action and opponents likely concerned about legality, federal supremacy, and the practical consequences of nullification.
The central controversy is whether a state can lawfully nullify federal actions it believes exceed constitutional authority. Critics would likely object to the bill’s premise that federal laws, executive orders, agency rules, and court decisions can be declared void by Tennessee, as well as its attempt to bind state and local officials against enforcement. Additional points of contention include bypassing committee review for nullification bills, allowing courts and local petition processes to trigger nullification, and the bill’s retroactive reach to past federal actions. The 3-6 committee defeat indicates that these issues were enough to block the measure at the committee stage.