Texas State Bill Will Nullify All Federal Unconstitutional Acts

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.

Is anyone ready for a Civil war? I would hate to see it happen but may be necessary.



  1. Only the supreme court can do this. Matter was also settled by Civil War . They can pass all the nonsense they want-does not mean a thing. They can file challenge suits in court, however and must accept the decision. On some nonsense things that they pass that break law the DOJ does not bother to prosecute.

    • This is the first step to get to the supreme court, This is how the legal system works. And They do not have to accept the decisions there is always appeals until it gets to SCOTUS. Just like Arapio it has to start somewhere.
      I think in todays society we can stop looking back to are history we haven’t learned anything, With what is going on.

  2. Consent and the withdrawal of it is an incredibly powerful weapon. Regardless of the system of the states tyranny. That’s the thing right there, illegitimacy is something the power of those running things can not survive. A plurality who withdraw consent become superior in their legitimacy, and that is the balance of power between the state and the people. As long as people consent, tacit or otherwise, all the checks and balances which can be fabricated, “laws” created by men, even a preponderance of threat and or use of violence by the state as coercion to force people to obey, the fig leafs of legitimacy cloaking the truths of the tyranny beneath such power, become a laughing stock in the face of such sovereign dignity as refusing such diktat.
    Of course those who are benefitted by such tyranny will never willingly relinquish their power and ill gotten riches, but they don’t have to, all we little people have to do is refuse to consent, and the tyrants and their sycophants are forced to employ force, because that is all they possess as far as any kind of power is concerned.
    The great unknown is the limits of their illegitimacy, and how much they can survive it. In some manner they will have to be fought in their illegitimacy, and in the course, the just cause of resistance to tyranny becomes just that, just and proper. A cascade of preference for sovereignty above and beyond the state and its actors is the fulcrum of liberty, it is the lynchpin of self determination, and at great peril to our freedoms and happiness do we ignore the essential rightful sovereignty inherent in ourselves.
    It all begins with each of us.
    You have to believe in this, have faith in the truth of our dignity of liberty over and above and beyond anything but God who blessed us all with primal rights that no kings or potentate have power or rights to deny.

    It is really that simple and beautiful being just in ones sovereign nature. Look, governments are constituted by men, they are run by men, and therefore any power created by the state is derived by men, liberty in its roots goes further, it is the power of liberty which makes tyranny possible, this is why liberty is supremely just, tyranny has to supplant liberty, or it fails. It must destroy every vestige of freedom, wipe even the idea of liberty from God’s green Earth, it is the way of illegitimate men and their power, they can not tolerate the risk of just the idea of non consent.

  3. We as a people have simply consented to what is happening by apathy and being too self centered and not being concerned for all as a group. There is strength in numbers but the politicos know they we have relinquished control by simply letting ourselves get divided.

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