AN ACT to amend Tennessee Code Annotated, Title 3 and Title 4, relative to nullification.
The provisions included in SB1092 outline that any member of the Tennessee General Assembly can propose a bill of nullification, which bypasses traditional committee processes, requiring rapid scheduling for debate and voting. This expedited process is contentious, as it reflects a legislative intent to assert state authority and challenge federal decisions without the usual legislative scrutiny. The resulting framework also facilitates citizen involvement, allowing petitions for nullification actions based on signatures from registered voters or local government support, which could significantly alter the dynamic between state and federal governance.
Senate Bill 1092, known as the 'Restoring State Sovereignty Through Nullification Act,' proposes significant amendments to the Tennessee Code regarding the power of the state to nullify federal actions considered unconstitutional. The bill defines 'federal action' as any federal law, agency rule, executive order, or court decision, establishing a framework for the state legislature to evaluate these actions under the premise of exceeding constitutional limits. By allowing for nullification, the bill seeks to affirm state autonomy and protect citizens from what proponents view as federal overreach.
Critically, the bill raises points of contention regarding the separation of powers and the constitutional basis for such nullification actions. Critics argue that it may undermine the established authority of federal laws, potentially leading to a fragmented legal landscape where state interpretations of the Constitution could conflict with federal mandates. Supporters advocate that nullification serves as a necessary check on federal power, preserving the rights granted to the states and the people as outlined in both the U.S. and Tennessee Constitutions. The arguments surrounding SB1092 reflect broader political debates on state versus federal authority.