Nebraska: Serving Notice to DC

The Nebraska legislature will consider Legislative Bill 1171, titled The Nebraska Balance of Powers Act during the 2012 session.

State Senator Mark Christensen of Nebraska’s 44^th District introduced the bill on Jan. 19.

The Nebraska Balance of Powers Act shall serve as notice and a demand that the federal government cease and desist any and all activities outside the scope of the federal government’s constitutionally designated powers and which diminish the proper balance of power between the state and federal government. It also calls for the formation of a committee on nullification.

The bill is intended to reclaim the powers that the Tenth Amendment guarantees and reserves to the states and the people of Nebraska, not delegated to the federal government elsewhere in the Constitution.  Such guarantee makes up part of  a compact between the people of the State of Nebraska and the United States as of the time that the State of Nebraska was admitted to statehood in 1867.

“The Constitution of the United States affirms that the sole and sovereign power to regulate a state’s business and affairs rests in the state legislature and has always been a compelling state concern and central to state sovereignty.”

The Bill states that the commerce clause was not meant or understood to authorize the United States Congress of the federal judicial branch to regulate the state courts in the matter of state substantive law or state judicial procedure.

It goes on further to say that Article I, section 8, clause 1, of the Constitution of the United States, known as the “general welfare clause,” does not empower the federal government with the ability to do anything it deems “good.”   The bill’s author quotes James Madison.  “When asked if this clause was a grant of power, he replied, ‘If not only the means but the objects are unlimited, the parchment should be thrown into the fire at once.’”

The Nebraska Balance of Powers Act would also establish The Committee on Nullification of Federal Laws. “The committee shall recommend, propose, and call for a vote by simple majority to nullify in its entirety a specific federal law or regulation that is outside the scope of the powers delegated by the people of the State of Nebraska to the federal government in the Constitution of the United States.”

The bill is a great step for Nebraska toward reclaiming powers reserved by the Tenth Amendment, long ago usurped by an overreaching federal government.

There are currently four other states considering similar legislation this year and six bills introduced last year.

The Nebraska Balance of Powers Act has been referred to the Government, Military and Veterans Affairs Committee. 

CLICK HERE You may track the status of this state sovereignty legislation and similar bills across the U.S.