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 44th 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.”Details