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.
Impact
If enacted, HB 97 would empower Texas courts to issue declaratory judgments regarding federal actions deemed unconstitutional. This shift is significant as it opens the door for local courts to challenge federal authority directly based on their interpretation of the Constitution. It also establishes a Joint Legislative Committee on Constitutional Enforcement, which would review federal actions and decide whether they indeed infringe on Texas sovereignty. This could foster legal confrontations between state and federal governments, potentially leading to constitutional disputes and influencing other states to adopt similar measures.
Summary
House Bill 97, known as the Texas Sovereignty Act, seeks to assert the authority of the state legislature and courts to declare certain federal actions as unconstitutional. The bill underscores the belief that the federal government has overstepped its bounds and limits the powers delegated to it under the United States Constitution. It argues that many federal actions violate state sovereignty and provides a legal framework for Texas to challenge such actions. This act aims to reaffirm the Tenth Amendment’s principles, highlighting that all powers not expressly delegated to the federal government are reserved for the states and the people.
Contention
The bill is expected to raise various points of contention among lawmakers and the public. Proponents argue that it is essential for maintaining state rights against federal overreach, viewing it as a necessary step to protect Texas's sovereignty. Conversely, critics may contend that this measure could lead to confusion and conflict regarding the implementation of federal laws. They might express concerns that HB 97 could encourage a fragmented legal landscape or erode national standards necessary for uniform governance. Additionally, the implications of declaring federal actions unconstitutional could provoke further political polarization and challenge the collaborative model established by federalism.
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 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.
Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.
Relating to limitations on federal authority and federal agents in this state, including the licensure of federal agents and special procedures for executing federal warrants; creating a criminal offense.
Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.
(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)
(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)
(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii State Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.