Texas lawmaker Dan Flynn has introduced legislation that would invalidate within the sovereign borders of his state every act of the federal government that exceeds its constitutionally derived authority.
State Representative Dan Flynn’s bill — House Bill 98 — denies to the federal government:
the power to take any legislative, executive, or judicial action that violates the constitution, specifically including those actions that unconstitutionally undermine, diminish, or disregard the balance of powers between the states and the federal government established by the constitution.
Flynn goes on to cite chapter and verse of the Constitution and the principles of federalism in defense of his position that the state of Texas retains the power to refuse to carry out federal mandates that are not specifically authorized in the Constitution’s enumeration of federal powers.
Beyond his understanding of core concepts of federalism, Flynn is to be commended for the bold warning he included in his legislation:
This Act serves as notice from this state to the federal government to cease and desist any and all unconstitutional activities that are outside the scope of the power delegated to it by the United States Constitution, including those activities that unconstitutionally undermine, diminish, or disregard the balance of powers between the states and the federal government established by the constitution.
This state and its people retain their sovereign power to regulate the affairs of this state, subject only to the limitations prescribed by the United States Constitution.
Nothing more needs to be said. Flynn’s bill, officially titled the Texas Balance of Powers Act, is a full-throated defiance of federal tyranny and attempts to subjugate the states into nothing more that administrative sub-units of the plutocracy on the Potomac.
Representative Flynn seems to appreciate the fact that states are not left defenseless in the battle to fight the cancer of consolidation. There is a remedy — a “rightful remedy” — that can immediately retrench the federal government’s constant overreaching. This antidote can stop the poison of all unconstitutional federal acts and executive orders at the state borders and prevent them from working on the people.
The remedy for federal tyranny is nullification, and applying it liberally will leave our states and our nation healthier and happier.
The bill creates a Joint Legislative Committee on Nullification composed of key officers in the Texas state government that will be charged with “review[ing] any federal action to determine whether the action is an unconstitutional federal action.”
Texas — and her sister states — retain this right of refusal owing to their role as creators of the federal government.
The states created the federal government and reserve the right to resist the exercise by Congress of any powers not specifically granted to it by the states in the Constitution.
The documents sent by the states to Congress announcing their ratification of the Constitution provide additional evidence of the founding generation’s appreciation of the states’ and federal government’s respective roles as creator and creation. In nearly every one of these letters, the state legislature or ratifying convention delegation explicitly remind Congress that the consent of the states formed the federal government.