Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0441 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 479
3		-	By Bowling
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 441
6	5		By Hulsey
7	6
8	7
9	8		HB0441
10	9		001415
11	10		- 1 -
12	11		AN ACT to amend Tennessee Code Annotated, Title 3 and
13	12		Title 4, relative to nullification.
14	13
15	14		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
16	15		SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding Sections 2
17	16		through 13 as a new chapter.
18	17		SECTION 2. This chapter is known and may be cited as the "Restoring State
19	18		Sovereignty Through Nullification Act."
20	19		SECTION 3. The general assembly makes the following findings:
21	20		(1) Article I, Section 1 of the Constitution of Tennessee (All power is inherent in
22	21		the people) declares: "That all power is inherent in the people, and all free governments
23	22		are founded on their authority, and instituted for their peace, safety, and happiness; for
24	23		the advancement of those ends they have at all times, an unalienable and indefeasible
25	24		right to alter, reform, or abolish the government in such manner as they may think
26	25		proper.";
27	26		(2) Article I, Section 2 of the Constitution of Tennessee (Doctrine of
28	27		nonresistance condemned) declares: "That government being instituted for the common
29	28		benefit, the doctrine of nonresistance against arbitrary power and oppression is absurd,
30	29		slavish, and destructive of the good and happiness of mankind.";
31	30		(3) When "We the People" ordained and established the Constitution of the
32	31		United States of America, the people and the states granted only specific, limited powers
33	32		to the federal government, with those areas of federal powers being enumerated in
34	33		Article I, Section 8 of the Constitution of the United States;
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39	38		(4) Articles I, Il, and Ill of the Constitution of the United States, respectively, vest
40	39		the legislative, executive, and judicial powers to and within separate branches of the
41	40		federal government (horizontal separation of powers), such that lawmaking powers are
42	41		vested only in the legislative branch of the United States congress, that enforcement
43	42		powers are vested only in the executive branch (president and executive agencies), and
44	43		that judicial powers are vested only in the judicial branch (supreme court of the United
45	44		States and other inferior federal courts created by the United States congress);
46	45		(5) This horizontal separation of powers in the Constitution of the United States
47	46		reflects the understanding that our federal founding fathers had derived from both
48	47		scripture and experience that sinful man could not be trusted to always be virtuous and
49	48		public-minded, and as such, they did not want undue power to be combined in any
50	49		branch of government where, if left unchecked, it could become tyrannical;
51	50		(6) Nothing in the Constitution of the United States permits congress to delegate
52	51		or confer any lawmaking power to any other branch of government, because it has no
53	52		enumerated powers to create lawmakers. When the president and federal courts are
54	53		vested, respectively, with the executive and judicial powers, neither of those branches
55	54		are granted general powers of lawmaking. Therefore, no person, agency, or department
56	55		of any other branch of the federal government, not even the supreme court or the
57	56		president of the United States, has any lawmaking power under the Constitution of the
58	57		United States;
59	58		(7) In Article I, Section 7, paragraph 2 of the Constitution of the United States,
60	59		the text describes how federal laws are to be made. Bills must be passed by both
61	60		houses of congress and then approved by the president (or by an override of a
62	61		presidential veto by congress). This is the only method of lawmaking under the
63	62		Constitution of the United States. Thus, contrary to popular opinion, federal executive
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68	67		orders, federal agency rules and regulations, and federal court opinions are not laws at
69	68		all, and they are certainly not settled law or the supreme law of the land. Instead, any
70	69		action by the executive branch or the judicial branch that purports to be law, or that
71	70		purports to be treated as law, is a usurpation of powers not delegated to it;
72	71		(8) It is not uncommon for congress and the federal executive branch to
73	72		erroneously elevate federal court opinions to the status of "law," sometimes even
74	73		regarding court opinions as having amended the language of the Constitution of the
75	74		United States;
76	75		(9) It is not uncommon for congress and the federal courts to erroneously
77	76		elevate federal executive orders to the status of "law," sometimes even regarding
78	77		executive orders as having amended the language of the Constitution of the United
79	78		States;
80	79		(10) The principle of "separation of powers" is so innately representative of a
81	80		republican form of government that the Constitution of Tennessee (Article Il, Sections 1
82	81		and 2) upholds and reinforces this principle of horizontal "separation of powers" within
83	82		the three departments of our Tennessee state government;
84	83		(11) When creating a federal government by ratifying the Constitution of the
85	84		United States, the people and the states also designed a second, and more important,
86	85		"separation of powers," that being a vertical separation of powers between the superior
87	86		sovereign states and the inferior federal government;
88	87		(12) A vertical "separation of powers" was explicitly set out in Article I, Section 8
89	88		of the Constitution of the United States, wherein only limited, enumerated, lawmaking
90	89		powers were granted to the federal government;
91	90		(13) This vertical "separation of powers" was also incorporated into the United
92	91		States bill of rights, whereby (a) in the first amendment, congress was specifically denied
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97	96		lawmaking power within those fields listed in the first amendment; (b) in the ninth
98	97		amendment, the federal government was specifically prohibited from interfering with
99	98		rights not mentioned in the Constitution of the United States; and (c) in the tenth
100	99		amendment, the federal government was specifically denied powers not delegated to it
101	100		in the Constitution of the United States;
102	101		(14) This vertical "separation of powers" was generally well-known by the people
103	102		and the states, and was known and respected by the federal government, for over one
104	103		hundred (100) years of our nation's history, but the principle has in more recent decades
105	104		been first disregarded, and subsequently even disbelieved, as if the federal government
106	105		was supreme in all areas and was unlimited in its jurisdiction. Whether this shift in
107	106		jurisprudence was intentional or accidental, active or passive, the shift is nevertheless
108	107		not supported by the Constitution of the United States, by the laws of the United States,
109	108		or by the constitutions of any of the sovereign states. The shift is thus an illegal
110	109		usurpation of the Constitution of the United States, of the various state constitutions, and
111	110		of the unalienable rights of the people;
112	111		(15) Any federal action that violates the horizontal "separation of powers"
113	112		imposed by the Constitution of the United States, or that exceeds the jurisdictional limits
114	113		imposed by the vertical "separation of powers," is therefore void, since the Constitution
115	114		of the United States is the supreme law of the land;
116	115		(16) "[A] law repugnant to the Constitution is void." An act of congress
117	116		repugnant to the Constitution of the United States cannot become a law. The
118	117		Constitution supersedes all other laws and the individual's rights shall be liberally
119	118		enforced in favor of him, the clearly intended and expressly designated beneficiary.
120	119		Marbury v. Madison, 5 U.S. 137 (1803);
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125	124		(17) "An unconstitutional law is void and is as no law. An offense created by it is
126	125		not crime. A conviction under it is not merely erroneous but is illegal and void and
127	126		cannot be used as a legal cause of imprisonment." Ex parte Siebold, 100 U.S. 371
128	127		(1879);
129	128		(18) "An unconstitutional act is not law; it confers no rights; it imposes no duties;
130	129		it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as
131	130		though it had never been passed." Norton v. Shelby County, 118 U.S. 425 (1886);
132	131		(19) "Where rights secured by the Constitution are involved, there can be no
133	132		rule-making or legislation which would abrogate them." Miranda v. Arizona,
134	133		384 U.S. 436 (1966);
135	134		(20) As Thomas Jefferson explained in the Kentucky Resolution of 1798: "When-
136	135		so-ever the [Federal] government assumes undelegated power, its acts are
137	136		unauthoritative, void and of no force." He added, "Where powers are assumed which
138	137		have not been delegated, a nullification of the act is the remedy. That every state has a
139	138		natural right and duty in cases not within [the authority of the Constitution]... to nullify of
140	139		their own authority all assumptions of powers by others within their own states
141	140		boundaries." The Constitution of the United States binds federal lawmakers by oath to
142	141		support the Constitution, and when they fail to do so, the rightful remedy is for states to
143	142		nullify their usurpations and to declare their acts void;
144	143		(21) Every constitutional officeholder, whether local, state, or federal, must first
145	144		know and understand these important constitutional limitations of power, and thereafter,
146	145		must determine individually how best to defend the rights of the people and to fulfill the
147	146		oath of office. As illustrative of this principle, in 1832, Tennessee's own Andrew
148	147		Jackson, as president, vetoed a bill to recharter the Bank of the United States.
149	148		President Jackson opposed the bank's political power and financial influence, but his
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154	153		veto was based substantially on constitutional grounds, notwithstanding the judgment of
155	154		prior presidents and congress, not to mention the supreme court's decision upholding
156	155		the bank's validity. President Jackson argued that the "separation of powers" principle
157	156		meant that none of the branches of the federal government can pretend to have
158	157		exclusive or supreme right to settle constitutional differences of opinion among them,
159	158		since each public officer who takes an oath to support the Constitution swears that he
160	159		will support it as he understands it, and not as it is understood by others. He further said
161	160		the opinion of judges has no more authority over congress than the opinion of congress
162	161		has over judges, and on that point, the president is independent of both of them;
163	162		(22) President Andrew Jackson's veto illustrates that every officeholder must
164	163		reach an independent judgment about the jurisdictional scope of the federal government
165	164		under the Constitution of the United States and must thereafter act consistently on those
166	165		judgments;
167	166		(23) The Constitution of the United States assures the people and the states that
168	167		their respective rights and powers will be respected by the federal government;
169	168		(24) Each member of the general assembly shall, before they proceed to
170	169		business, take an oath or affirmation to support the Constitution of Tennessee, and of
171	170		the United States, and also the following oath: "I ______ do solemnly swear (or affirm)
172	171		that as a member of this General Assembly, I will, in all appointments, vote without favor,
173	172		affection, partiality, or prejudice; and that I will not propose or assent to any bill, vote, or
174	173		resolution, which shall appear to me injurious to the people, or consent to any act or
175	174		thing, whatever, that shall have a tendency to lessen or abridge their rights and
176	175		privileges, as declared by the Constitution of this state." (Tennessee Constitution, Article
177	176		X, Section 2);
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182	181		(25) The people are the ultimate source of human governmental power under
183	182		our constitutions, and the states, through their elected officers, are dutybound to fulfill
184	183		their oath of office to preserve the rights of the people, it is therefore long overdue, and
185	184		therefore urgently necessary, for this state to prescribe the manner in which, under the
186	185		authority of the Constitutions of the United States and of Tennessee, the people's rights
187	186		and the state's sovereignty may be asserted as against federal officeholders, whether
188	187		individually or collectively; and
189	188		(26) This act is written to aid the people and the government of this state in the
190	189		implementation and enforcement of the various provisions of the Constitution of the
191	190		United States that expressly limit federal power and federal jurisdiction, and in
192	191		furtherance of the rights of the people as set forth in Article I, Section 1 and Article I,
193	192		Section 2 of the Constitution of Tennessee.
194	193		SECTION 4. As used in this chapter:
195	194		(1) "Federal action" includes federal law; a federal agency rule, policy, or
196	195		standard; an executive order of the president of the United States; an order or decision
197	196		of a federal court; and the making or enforcing of a treaty; and
198	197		(2) "Unconstitutional federal action" means a federal action enacted, adopted, or
199	198		implemented without authority specifically delegated to the federal government by the
200	199		people and the states through the United States Constitution.
201	200		SECTION 5. This chapter contemplates the review of any federal action to determine
202	201		whether the action is an unconstitutional federal action. When evaluating a federal action, the
203	202		general assembly shall consider the plain reading and reasoning of the text of the United States
204	203		Constitution and the understood definitions at the time of the framing and construction of the
205	204		Constitution by the framers before making a final declaration of constitutionality, as
206	205		demonstrated by:
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211	210		(1) The ratifying debates in the several states;
212	211		(2) The understanding of the leading participants at the constitutional
213	212		convention;
214	213		(3) The understanding of the doctrine in question by the constitutions of the
215	214		several states in existence at the time the United States Constitution was adopted;
216	215		(4) The understanding of the United States Constitution by the first United States
217	216		congress;
218	217		(5) The opinions of the first chief justice of the United States supreme court;
219	218		(6) The background understanding of the doctrine in question under the English
220	219		Constitution of the time; and
221	220		(7) The statements of support for natural law and natural rights by the framers
222	221		and the philosophers admired by the framers.
223	222		SECTION 6. It is declared that federal laws, federal executive actions, and federal court
224	223		opinions must comply with the jurisdictional limitations of the United States Constitution. It is
225	224		further declared that any federal action outside the enumerated powers set forth in the United
226	225		States Constitution are in violation of the peace and safety of the people of this state, and
227	226		therefore, said acts are declared void and must be resisted.
228	227		SECTION 7. One (1) proper manner of resistance is a state action of nullification of the
229	228		federal action.
230	229		SECTION 8.
231	230		(a) Nullification is the process whereby this state makes an official declaration
232	231		that:
233	232		(1) A specific federal action has exceeded the prescribed authority under
234	233		the United States Constitution;
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239	238		(2) Said action, as being ultra vires, will not be recognized as valid within
240	239		the bounds of this state;
241	240		(3) Said action, as being ultra vires, is null and void in this state;
242	241		(4) An officeholder, agency, or government employee, whether state,
243	242		county, or city, serving under the authority of the Constitution of Tennessee shall
244	243		not assist in any attempted enforcement of said federal action; and
245	244		(5) State or local funds collected under the authority of the Constitution of
246	245		Tennessee shall not be used to assist in any attempted enforcement of said
247	246		federal action.
248	247		(b) The general assembly has sole authority to prescribe the crimes, penalties,
249	248		fines, or other consequences of the violation of a bill of nullification by any person found
250	249		within the boundary of this state. Said consequences must be specified in the bill of
251	250		nullification before a final vote is taken on its passage.
252	251		SECTION 9. State nullification of federal action may be accomplished in any of the
253	252		following ways:
254	253		(1) The governor may, by the governor's own executive authority, issue an
255	254		executive order nullifying the same, whereby all executive departments of the state are
256	255		bound by said order;
257	256		(2) Any member of the general assembly may introduce a bill of nullification in
258	257		the general assembly. For any such proposed bill of nullification, the bill is not subject to
259	258		debate or passage in committees, and proceeds directly to the floor of each house.
260	259		Each house must give its members notice of five (5) legislative days before the bill is
261	260		scheduled for debate on the respective floor for purposes of amendments thereto in
262	261		accordance with house rules, as applicable, including amendments that provide
263	262		penalties or punitive measures to ensure compliance with the bill by state and local
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268	267		governmental departments, agencies, and officers. Within five (5) legislative days after
269	268		such period of notice, the bill must be scheduled for debate on the floor of each house,
270	269		and thereafter, within three (3) legislative days after the debate is closed, must be
271	270		presented for a vote on each floor. The bill, if passed in the same manner as other
272	271		general law, has the force and effect of law, and becomes effective immediately upon
273	272		enactment. The time constraints listed in this subdivision (2) may be changed by
274	273		majority vote of any house of subsequent general assemblies;
275	274		(3) Any court operating under the authority of the Constitution of Tennessee may
276	275		render a finding or a holding of nullification in any case in which it otherwise has proper
277	276		venue and jurisdiction, wherein the parties to said case will, upon final judgment, be
278	277		bound thereby in the same manner as in other cases;
279	278		(4) Any combination of ten (10) counties and municipalities may, through the
280	279		action of the executive or through the action of a majority of the governing legislative
281	280		body, submit a petition of nullification to the speaker of the house of representatives,
282	281		with a copy to the office of the attorney general and reporter, and upon satisfactory proof
283	282		that said petitions are valid, the speaker of the house of representatives shall proceed to
284	283		introduce the bill and follow the same methods and protocols as described in subdivision
285	284		(2); and
286	285		(5) The signed petitions of two thousand (2,000) registered voters of this state
287	286		may submit signed petitions of nullification to the speaker of the house of
288	287		representatives, with a copy to the office of the attorney general and reporter, and upon
289	288		satisfactory proof that said signatures are valid, the speaker of the house of
290	289		representatives shall proceed to introduce the bill and follow the same methods and
291	290		protocols as described in subdivision (2). Said voter petitions must not be submitted
292	291		individually, but said petitions must be coordinated and compiled in batches, by county
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297	296		of voter registration, of not less than twenty-five (25) voters per county in a bundled
298	297		batch.
299	298		SECTION 10. The result of the roll call vote on each house floor must be published in
300	299		the official records of each house and disseminated to the people in the same manner as with
301	300		other bills.
302	301		SECTION 11. The procedures contained in this chapter are available to challenge any
303	302		federal action, whether said action is past, present, or future. A bill of nullification must not be
304	303		rejected because of any perceived statute of limitation or because said federal action was taken
305	304		in the distant past. Any federal action may be considered, or reconsidered, as the people or
306	305		their representatives may think proper.
307	306		SECTION 12. Regarding the same federal action, a bill of nullification must not be
308	307		considered by the general assembly more than once each legislative session. If said bill fails,
309	308		then it may be considered again in any succeeding year, but not more than once per year. If
310	309		said bill is enacted, then the provisions of the bill become the law of this state.
311	310		SECTION 13. Formal pleadings or petitions are not required for a bill of nullification. It
312	311		is sufficient if the pleading or petition is in substantially the form as set forth below:
313	312		Petition for Action Under the
314	313		"Restoring State Sovereignty Through Nullification Act."
315	314		Regarding your claim that the federal government has exceeded its authority under the U.S.
316	315		Constitution, please list the following:
317	316		1. Date or Year of federal action: _____________________
318	317		2. Identify the federal branch, official, or agency: _________________________
319	318		3. Give the official name of the action, if known. If not known, then give the name by
320	319		which the action is commonly known or identified: _________________________________
321	320		_________________________________________________________________________
322	321
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326	325		4. Identify the specific action, or part of the action, that you assert is unconstitutional:
327	326		__________________________________________________________________________
328	327		Identification of Petitioner (Registered Voter):
329	328		____________________________ _____________________________
330	329		Signature Printed Name
331	330		_________________________________________________________________________ __
332	331		Street Address, City, County — Must match voter registration.
333	332
334	333		SECTION 14. If a provision of this act or its application to a person or circumstance is
335	334		held invalid, then the invalidity does not affect other provisions or applications of the act that can
336	335		be given effect without the invalid provision or application, and to that end, the provisions of this
337	336		act are severable.
338	337		SECTION 15. This act takes effect upon becoming a law, the public welfare requiring it.