HB 441 / SB 479

The Restoring State Sovereignty Through Nullification Act asserts Tennessee’s authority to reject federal actions that exceed the constitutional limits placed on the federal government. The bill establishes a formal process for evaluating and nullifying unconstitutional federal laws, executive orders, agency regulations, and court rulings. It reinforces the principle that the federal government derives its power from the states and that any actions taken beyond the specific, enumerated powers in the U.S. Constitution are invalid within Tennessee’s borders.

The bill outlines multiple methods for nullification, including executive orders by the governor, legislative action by the General Assembly, judicial rulings from Tennessee courts, and petitions from local governments or citizens. Once nullified, state and local officials are prohibited from enforcing the federal action, and state resources cannot be used to implement it. The legislation emphasizes that nullification is not an act of defiance but a constitutional remedy based on the principles of federalism and the Tenth Amendment.

This bill is based on historical precedent, drawing from the Kentucky Resolutions of 1798, which argued that states have the right to declare void any federal action that exceeds constitutional authority. It also references Supreme Court rulings affirming that unconstitutional laws are void. Additionally, the bill reflects the views of President Andrew Jackson, who maintained that each branch of government—including state governments—has an independent duty to uphold the Constitution.

The need for this legislation arises from the growing trend of federal overreach, where agencies and executive orders impose policies without congressional approval, and courts redefine constitutional limits through judicial activism. It provides Tennessee with a structured mechanism to push back against federal mandates that infringe on state sovereignty, ensuring that laws governing the state remain within the constitutional framework originally intended by the Founders.