The legislative proposition of SB80 indicates a significant shift in state-federal relations, particularly concerning the enforcement of federal laws within Texas. It establishes a Joint Legislative Committee on Constitutional Enforcement tasked with evaluating federal actions and determining their constitutionality. If the committee finds an action unconstitutional, it can report this to the Supreme Court of Texas for a determination. A federal action deemed unconstitutional will have no legal effect in Texas, and the state is prohibited from utilizing state resources to enforce such actions. This provision could lead to broader implications for federal law enforcement in the state.
Summary
SB80, titled the Texas Sovereignty Act, aims to reinforce the principle of state sovereignty as outlined in the Tenth Amendment of the United States Constitution. The bill emphasizes that the federal government operates as an agent of the states, with power limited to what is expressly delegated to it. It sets forth the premise that actions by the federal government that overstep these bounds are unconstitutional and that the state of Texas has the authority to declare such actions null and void. The bill seeks to establish frameworks for state enforcement against these perceived unconstitutional federal actions, arguing that there has been a consistent violation of their constitutionally defined roles.
Contention
Supporters of SB80 argue that it is necessary to protect Texas from federal overreach and to uphold state rights as defined by the Constitution. They contend that federal laws often infringe upon the rights and autonomy of states, which undermines the foundational principle of federalism. However, opponents view this bill as a potential avenue for chaos, as it allows the state legislature to unilaterally dismiss federal actions, thus creating confusion regarding the applicability of federal law in Texas. Critics warn that such a move could lead to an inconsistent legal landscape and possible confrontation between state and federal authorities.
Similar
Relating to the authority of the legislature to determine that certain federal directives are unconstitutional and to prohibit certain government officers and employees from enforcing or assisting in the enforcement of the directive.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.
Relating to measures to ensure the safety and welfare of the southern border region of this state, including protection from ongoing criminal activity and public health threats; creating a criminal offense; creating a civil penalty.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing the Texas Homeland Security Division and the Border Security Advisory Council, and to compensate persons affected by those threats.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity, and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity, and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.
Relating to the authority of the legislature to determine that certain federal directives are unconstitutional and to prohibit certain government officers and employees from enforcing or assisting in the enforcement of the directive.
Relating to the authority of the legislature or a state court to declare certain federal actions to be unconstitutional federal actions, including the effect and enforcement of such a declaration.
Relating to the authority of the legislature or a state court to declare certain federal actions to be unconstitutional federal actions, including the effect and enforcement of such a declaration.