A bill in the New Hampshire State Legislature is intended to addresses the sovereignty of the people in the state, going as far as remove public officials who violate it.

Introduced by State Rep. Richard Marple, House Bill 274 (HB274) would give teeth to Part I, Article 7 of the New Hampshire Constitution, which states:

The people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled.

HB274 acknowledges that this aspect of the state constitution has “experienced serious erosion, attributed to the circumvention of constitutional mandates and by contracts not ratified by the people.”

The bill contains stiff penalties for public servant who helps violate the sovereignty of New Hampshire’s citizens.

Whoever as a public servant…who advocates or performs any act or omission contrary to this state’s sovereignty, as defined in Part I, Article 7 of the New Hampshire Constitution, shall be ipso facto in violation of RSA 92:2, causing immediate removal from office with no appeal, and be prohibited from holding public office for 10 years.

The bill has been referred to State-Federal Relations and Veterans Affairs, and if passed it would take effect next January.

Legislative bills like HB274 convey the true spirit of the Tenth Amendment, which states “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The bill would make it clear to elected officials that there are consequences when they violate not only the sovereignty of their constituents, but the U.S. Constitution they swore to uphold under oath.

There are various ways of handling unconstitutional federal actions. One is to stymie the feds through anti-commandeering and nullification. Another is by holding state and local officials accountable for their actions and removing those who refuse to obey the law.

In the Virginia Resolutions, a state-level “legislative device” in response to the Alien and Sedition Acts, James Madison  wrote that the states not only have the right, but are duty bound to oppose unconstitutional federal laws.

HB274 would hold officers of the state to their duty, or get rid of them and replace them with others willing to stand for the rule of law.

ACTION ITEMS

For New Hampshire: To support HB274, contact your state legislator and politely urge them to support and co-sponsor this important piece of legislation. Afterward, contact your state senator and politely urge them to introduce similar legislation in their chamber. You can find their contact information HERE.

For Other States: Take steps to protect the sovereignty of the people in your state by clicking HERE.

TJ Martinell

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