Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0479 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 441
3	3	By Hulsey
4	4
5	5	SENATE BILL 479
6	6	By Bowling
7	7
8	8
9	9	SB0479
10	10	001415
11	11	- 1 -
12	12	AN ACT to amend Tennessee Code Annotated, Title 3 and
13	13	Title 4, relative to nullification.
14	14
15	15	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
16	16	SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding Sections 2
17	17	through 13 as a new chapter.
18	18	SECTION 2. This chapter is known and may be cited as the "Restoring State
19	19	Sovereignty Through Nullification Act."
20	20	SECTION 3. The general assembly makes the following findings:
21	21	(1) Article I, Section 1 of the Constitution of Tennessee (All power is inherent in
22	22	the people) declares: "That all power is inherent in the people, and all free governments
23	23	are founded on their authority, and instituted for their peace, safety, and happiness; for
24	24	the advancement of those ends they have at all times, an unalienable and indefeasible
25	25	right to alter, reform, or abolish the government in such manner as they may think
26	26	proper.";
27	27	(2) Article I, Section 2 of the Constitution of Tennessee (Doctrine of
28	28	nonresistance condemned) declares: "That government being instituted for the common
29	29	benefit, the doctrine of nonresistance against arbitrary power and oppression is absurd,
30	30	slavish, and destructive of the good and happiness of mankind.";
31	31	(3) When "We the People" ordained and established the Constitution of the
32	32	United States of America, the people and the states granted only specific, limited powers
33	33	to the federal government, with those areas of federal powers being enumerated in
34	34	Article I, Section 8 of the Constitution of the United States;
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39	39	(4) Articles I, Il, and Ill of the Constitution of the United States, respectively, vest
40	40	the legislative, executive, and judicial powers to and within separate branches of the
41	41	federal government (horizontal separation of powers), such that lawmaking powers are
42	42	vested only in the legislative branch of the United States congress, that enforcement
43	43	powers are vested only in the executive branch (president and executive agencies), and
44	44	that judicial powers are vested only in the judicial branch (supreme court of the United
45	45	States and other inferior federal courts created by the United States congress);
46	46	(5) This horizontal separation of powers in the Constitution of the United States
47	47	reflects the understanding that our federal founding fathers had derived from both
48	48	scripture and experience that sinful man could not be trusted to always be virtuous and
49	49	public-minded, and as such, they did not want undue power to be combined in any
50	50	branch of government where, if left unchecked, it could become tyrannical;
51	51	(6) Nothing in the Constitution of the United States permits congress to delegate
52	52	or confer any lawmaking power to any other branch of government, because it has no
53	53	enumerated powers to create lawmakers. When the president and federal courts are
54	54	vested, respectively, with the executive and judicial powers, neither of those branches
55	55	are granted general powers of lawmaking. Therefore, no person, agency, or department
56	56	of any other branch of the federal government, not even the supreme court or the
57	57	president of the United States, has any lawmaking power under the Constitution of the
58	58	United States;
59	59	(7) In Article I, Section 7, paragraph 2 of the Constitution of the United States,
60	60	the text describes how federal laws are to be made. Bills must be passed by both
61	61	houses of congress and then approved by the president (or by an override of a
62	62	presidential veto by congress). This is the only method of lawmaking under the
63	63	Constitution of the United States. Thus, contrary to popular opinion, federal executive
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68	68	orders, federal agency rules and regulations, and federal court opinions are not laws at
69	69	all, and they are certainly not settled law or the supreme law of the land. Instead, any
70	70	action by the executive branch or the judicial branch that purports to be law, or that
71	71	purports to be treated as law, is a usurpation of powers not delegated to it;
72	72	(8) It is not uncommon for congress and the federal executive branch to
73	73	erroneously elevate federal court opinions to the status of "law," sometimes even
74	74	regarding court opinions as having amended the language of the Constitution of the
75	75	United States;
76	76	(9) It is not uncommon for congress and the federal courts to erroneously
77	77	elevate federal executive orders to the status of "law," sometimes even regarding
78	78	executive orders as having amended the language of the Constitution of the United
79	79	States;
80	80	(10) The principle of "separation of powers" is so innately representative of a
81	81	republican form of government that the Constitution of Tennessee (Article Il, Sections 1
82	82	and 2) upholds and reinforces this principle of horizontal "separation of powers" within
83	83	the three departments of our Tennessee state government;
84	84	(11) When creating a federal government by ratifying the Constitution of the
85	85	United States, the people and the states also designed a second, and more important,
86	86	"separation of powers," that being a vertical separation of powers between the superior
87	87	sovereign states and the inferior federal government;
88	88	(12) A vertical "separation of powers" was explicitly set out in Article I, Section 8
89	89	of the Constitution of the United States, wherein only limited, enumerated, lawmaking
90	90	powers were granted to the federal government;
91	91	(13) This vertical "separation of powers" was also incorporated into the United
92	92	States bill of rights, whereby (a) in the first amendment, congress was specifically denied
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97	97	lawmaking power within those fields listed in the first amendment; (b) in the ninth
98	98	amendment, the federal government was specifically prohibited from interfering with
99	99	rights not mentioned in the Constitution of the United States; and (c) in the tenth
100	100	amendment, the federal government was specifically denied powers not delegated to it
101	101	in the Constitution of the United States;
102	102	(14) This vertical "separation of powers" was generally well-known by the people
103	103	and the states, and was known and respected by the federal government, for over one
104	104	hundred (100) years of our nation's history, but the principle has in more recent decades
105	105	been first disregarded, and subsequently even disbelieved, as if the federal government
106	106	was supreme in all areas and was unlimited in its jurisdiction. Whether this shift in
107	107	jurisprudence was intentional or accidental, active or passive, the shift is nevertheless
108	108	not supported by the Constitution of the United States, by the laws of the United States,
109	109	or by the constitutions of any of the sovereign states. The shift is thus an illegal
110	110	usurpation of the Constitution of the United States, of the various state constitutions, and
111	111	of the unalienable rights of the people;
112	112	(15) Any federal action that violates the horizontal "separation of powers"
113	113	imposed by the Constitution of the United States, or that exceeds the jurisdictional limits
114	114	imposed by the vertical "separation of powers," is therefore void, since the Constitution
115	115	of the United States is the supreme law of the land;
116	116	(16) "[A] law repugnant to the Constitution is void." An act of congress
117	117	repugnant to the Constitution of the United States cannot become a law. The
118	118	Constitution supersedes all other laws and the individual's rights shall be liberally
119	119	enforced in favor of him, the clearly intended and expressly designated beneficiary.
120	120	Marbury v. Madison, 5 U.S. 137 (1803);
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125	125	(17) "An unconstitutional law is void and is as no law. An offense created by it is
126	126	not crime. A conviction under it is not merely erroneous but is illegal and void and
127	127	cannot be used as a legal cause of imprisonment." Ex parte Siebold, 100 U.S. 371
128	128	(1879);
129	129	(18) "An unconstitutional act is not law; it confers no rights; it imposes no duties;
130	130	it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as
131	131	though it had never been passed." Norton v. Shelby County, 118 U.S. 425 (1886);
132	132	(19) "Where rights secured by the Constitution are involved, there can be no
133	133	rule-making or legislation which would abrogate them." Miranda v. Arizona,
134	134	384 U.S. 436 (1966);
135	135	(20) As Thomas Jefferson explained in the Kentucky Resolution of 1798: "When-
136	136	so-ever the [Federal] government assumes undelegated power, its acts are
137	137	unauthoritative, void and of no force." He added, "Where powers are assumed which
138	138	have not been delegated, a nullification of the act is the remedy. That every state has a
139	139	natural right and duty in cases not within [the authority of the Constitution]... to nullify of
140	140	their own authority all assumptions of powers by others within their own states
141	141	boundaries." The Constitution of the United States binds federal lawmakers by oath to
142	142	support the Constitution, and when they fail to do so, the rightful remedy is for states to
143	143	nullify their usurpations and to declare their acts void;
144	144	(21) Every constitutional officeholder, whether local, state, or federal, must first
145	145	know and understand these important constitutional limitations of power, and thereafter,
146	146	must determine individually how best to defend the rights of the people and to fulfill the
147	147	oath of office. As illustrative of this principle, in 1832, Tennessee's own Andrew
148	148	Jackson, as president, vetoed a bill to recharter the Bank of the United States.
149	149	President Jackson opposed the bank's political power and financial influence, but his
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154	154	veto was based substantially on constitutional grounds, notwithstanding the judgment of
155	155	prior presidents and congress, not to mention the supreme court's decision upholding
156	156	the bank's validity. President Jackson argued that the "separation of powers" principle
157	157	meant that none of the branches of the federal government can pretend to have
158	158	exclusive or supreme right to settle constitutional differences of opinion among them,
159	159	since each public officer who takes an oath to support the Constitution swears that he
160	160	will support it as he understands it, and not as it is understood by others. He further said
161	161	the opinion of judges has no more authority over congress than the opinion of congress
162	162	has over judges, and on that point, the president is independent of both of them;
163	163	(22) President Andrew Jackson's veto illustrates that every officeholder must
164	164	reach an independent judgment about the jurisdictional scope of the federal government
165	165	under the Constitution of the United States and must thereafter act consistently on those
166	166	judgments;
167	167	(23) The Constitution of the United States assures the people and the states that
168	168	their respective rights and powers will be respected by the federal government;
169	169	(24) Each member of the general assembly shall, before they proceed to
170	170	business, take an oath or affirmation to support the Constitution of Tennessee, and of
171	171	the United States, and also the following oath: "I ______ do solemnly swear (or affirm)
172	172	that as a member of this General Assembly, I will, in all appointments, vote without favor,
173	173	affection, partiality, or prejudice; and that I will not propose or assent to any bill, vote, or
174	174	resolution, which shall appear to me injurious to the people, or consent to any act or
175	175	thing, whatever, that shall have a tendency to lessen or abridge their rights and
176	176	privileges, as declared by the Constitution of this state." (Tennessee Constitution, Article
177	177	X, Section 2);
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182	182	(25) The people are the ultimate source of human governmental power under
183	183	our constitutions, and the states, through their elected officers, are dutybound to fulfill
184	184	their oath of office to preserve the rights of the people, it is therefore long overdue, and
185	185	therefore urgently necessary, for this state to prescribe the manner in which, under the
186	186	authority of the Constitutions of the United States and of Tennessee, the people's rights
187	187	and the state's sovereignty may be asserted as against federal officeholders, whether
188	188	individually or collectively; and
189	189	(26) This act is written to aid the people and the government of this state in the
190	190	implementation and enforcement of the various provisions of the Constitution of the
191	191	United States that expressly limit federal power and federal jurisdiction, and in
192	192	furtherance of the rights of the people as set forth in Article I, Section 1 and Article I,
193	193	Section 2 of the Constitution of Tennessee.
194	194	SECTION 4. As used in this chapter:
195	195	(1) "Federal action" includes federal law; a federal agency rule, policy, or
196	196	standard; an executive order of the president of the United States; an order or decision
197	197	of a federal court; and the making or enforcing of a treaty; and
198	198	(2) "Unconstitutional federal action" means a federal action enacted, adopted, or
199	199	implemented without authority specifically delegated to the federal government by the
200	200	people and the states through the United States Constitution.
201	201	SECTION 5. This chapter contemplates the review of any federal action to determine
202	202	whether the action is an unconstitutional federal action. When evaluating a federal action, the
203	203	general assembly shall consider the plain reading and reasoning of the text of the United States
204	204	Constitution and the understood definitions at the time of the framing and construction of the
205	205	Constitution by the framers before making a final declaration of constitutionality, as
206	206	demonstrated by:
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211	211	(1) The ratifying debates in the several states;
212	212	(2) The understanding of the leading participants at the constitutional
213	213	convention;
214	214	(3) The understanding of the doctrine in question by the constitutions of the
215	215	several states in existence at the time the United States Constitution was adopted;
216	216	(4) The understanding of the United States Constitution by the first United States
217	217	congress;
218	218	(5) The opinions of the first chief justice of the United States supreme court;
219	219	(6) The background understanding of the doctrine in question under the English
220	220	Constitution of the time; and
221	221	(7) The statements of support for natural law and natural rights by the framers
222	222	and the philosophers admired by the framers.
223	223	SECTION 6. It is declared that federal laws, federal executive actions, and federal court
224	224	opinions must comply with the jurisdictional limitations of the United States Constitution. It is
225	225	further declared that any federal action outside the enumerated powers set forth in the United
226	226	States Constitution are in violation of the peace and safety of the people of this state, and
227	227	therefore, said acts are declared void and must be resisted.
228	228	SECTION 7. One (1) proper manner of resistance is a state action of nullification of the
229	229	federal action.
230	230	SECTION 8.
231	231	(a) Nullification is the process whereby this state makes an official declaration
232	232	that:
233	233	(1) A specific federal action has exceeded the prescribed authority under
234	234	the United States Constitution;
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239	239	(2) Said action, as being ultra vires, will not be recognized as valid within
240	240	the bounds of this state;
241	241	(3) Said action, as being ultra vires, is null and void in this state;
242	242	(4) An officeholder, agency, or government employee, whether state,
243	243	county, or city, serving under the authority of the Constitution of Tennessee shall
244	244	not assist in any attempted enforcement of said federal action; and
245	245	(5) State or local funds collected under the authority of the Constitution of
246	246	Tennessee shall not be used to assist in any attempted enforcement of said
247	247	federal action.
248	248	(b) The general assembly has sole authority to prescribe the crimes, penalties,
249	249	fines, or other consequences of the violation of a bill of nullification by any person found
250	250	within the boundary of this state. Said consequences must be specified in the bill of
251	251	nullification before a final vote is taken on its passage.
252	252	SECTION 9. State nullification of federal action may be accomplished in any of the
253	253	following ways:
254	254	(1) The governor may, by the governor's own executive authority, issue an
255	255	executive order nullifying the same, whereby all executive departments of the state are
256	256	bound by said order;
257	257	(2) Any member of the general assembly may introduce a bill of nullification in
258	258	the general assembly. For any such proposed bill of nullification, the bill is not subject to
259	259	debate or passage in committees, and proceeds directly to the floor of each house.
260	260	Each house must give its members notice of five (5) legislative days before the bill is
261	261	scheduled for debate on the respective floor for purposes of amendments thereto in
262	262	accordance with house rules, as applicable, including amendments that provide
263	263	penalties or punitive measures to ensure compliance with the bill by state and local
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268	268	governmental departments, agencies, and officers. Within five (5) legislative days after
269	269	such period of notice, the bill must be scheduled for debate on the floor of each house,
270	270	and thereafter, within three (3) legislative days after the debate is closed, must be
271	271	presented for a vote on each floor. The bill, if passed in the same manner as other
272	272	general law, has the force and effect of law, and becomes effective immediately upon
273	273	enactment. The time constraints listed in this subdivision (2) may be changed by
274	274	majority vote of any house of subsequent general assemblies;
275	275	(3) Any court operating under the authority of the Constitution of Tennessee may
276	276	render a finding or a holding of nullification in any case in which it otherwise has proper
277	277	venue and jurisdiction, wherein the parties to said case will, upon final judgment, be
278	278	bound thereby in the same manner as in other cases;
279	279	(4) Any combination of ten (10) counties and municipalities may, through the
280	280	action of the executive or through the action of a majority of the governing legislative
281	281	body, submit a petition of nullification to the speaker of the house of representatives,
282	282	with a copy to the office of the attorney general and reporter, and upon satisfactory proof
283	283	that said petitions are valid, the speaker of the house of representatives shall proceed to
284	284	introduce the bill and follow the same methods and protocols as described in subdivision
285	285	(2); and
286	286	(5) The signed petitions of two thousand (2,000) registered voters of this state
287	287	may submit signed petitions of nullification to the speaker of the house of
288	288	representatives, with a copy to the office of the attorney general and reporter, and upon
289	289	satisfactory proof that said signatures are valid, the speaker of the house of
290	290	representatives shall proceed to introduce the bill and follow the same methods and
291	291	protocols as described in subdivision (2). Said voter petitions must not be submitted
292	292	individually, but said petitions must be coordinated and compiled in batches, by county
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297	297	of voter registration, of not less than twenty-five (25) voters per county in a bundled
298	298	batch.
299	299	SECTION 10. The result of the roll call vote on each house floor must be published in
300	300	the official records of each house and disseminated to the people in the same manner as with
301	301	other bills.
302	302	SECTION 11. The procedures contained in this chapter are available to challenge any
303	303	federal action, whether said action is past, present, or future. A bill of nullification must not be
304	304	rejected because of any perceived statute of limitation or because said federal action was taken
305	305	in the distant past. Any federal action may be considered, or reconsidered, as the people or
306	306	their representatives may think proper.
307	307	SECTION 12. Regarding the same federal action, a bill of nullification must not be
308	308	considered by the general assembly more than once each legislative session. If said bill fails,
309	309	then it may be considered again in any succeeding year, but not more than once per year. If
310	310	said bill is enacted, then the provisions of the bill become the law of this state.
311	311	SECTION 13. Formal pleadings or petitions are not required for a bill of nullification. It
312	312	is sufficient if the pleading or petition is in substantially the form as set forth below:
313	313	Petition for Action Under the
314	314	"Restoring State Sovereignty Through Nullification Act."
315	315	Regarding your claim that the federal government has exceeded its authority under the U.S.
316	316	Constitution, please list the following:
317	317	1. Date or Year of federal action: _____________________
318	318	2. Identify the federal branch, official, or agency: _________________________
319	319	3. Give the official name of the action, if known. If not known, then give the name by
320	320	which the action is commonly known or identified: _________________________________
321	321	_________________________________________________________________________
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326	326	4. Identify the specific action, or part of the action, that you assert is unconstitutional:
327	327	__________________________________________________________________________
328	328	Identification of Petitioner (Registered Voter):
329	329	____________________________ _____________________________
330	330	Signature Printed Name
331	331	_________________________________________________________________________ __
332	332	Street Address, City, County — Must match voter registration.
333	333
334	334	SECTION 14. If a provision of this act or its application to a person or circumstance is
335	335	held invalid, then the invalidity does not affect other provisions or applications of the act that can
336	336	be given effect without the invalid provision or application, and to that end, the provisions of this
337	337	act are severable.
338	338	SECTION 15. This act takes effect upon becoming a law, the public welfare requiring it.