JUNEAU, Alaska (April 11, 2011) – The Alaska House flexed its muscle today, overwhelmingly passing two bills asserting Alaska state sovereignty.
When states seek to nullify unconstitutional acts, opponents immediately run to the supremacy clause of the U.S. Constitution, asserting federal acts trump state law. HB 8 makes clear the proper scope of ArticleVI.
A federal statute, regulation, presidential executive order, or secretarial order that is unconstitutional or was not properly adopted in accordance with federal statutory authority may not be considered to preempt a state law.
The bill further gives the House and Senate committees exercising jurisdiction over judicial matters the authority to consider whether legislative action is necessary in response to any unconstitutional act the state attorney general finds conflicting with Alaska law.
If signed into law, the act would effectively set the stage for legislative nullification of unconstitutional acts.
HB 8 passed the House 29-10 with one abstention.
Language in the bill succinctly defines the limits of the supremacy clause.Details