A non-binding resolution has been introduced to the Texas state Legislature declaring that presidential executive orders cannot usurp the authority of the states. It should be considered a launchpad for stronger steps by the Texas legislature.

House Concurrent Resolution No. 29 cites the Tenth Amendment to the Constitution, which states that any authority not giving to the federal government nor prohibited to the states is reserved to the states. It also claims that executive orders have been used by the president to bypass the constitution process of having laws introduced and voted on first by Congress before they are signed into law.

“Such unilateral edicts not only circumvent the legislative process and subvert our system of representative democracy, but also undermine the constitutionally protected doctrine of states’ rights,” the resolution states.

It declares that executive orders are not considered state mandates and “may regulate the behavior or abrogate the rights and freedoms enjoyed by Texas citizens.”

If passed, copies of the resolution will be sent to the U.S. President, the president of the Senate, the speaker of the House of Representatives, as well as all the Texas senators and representatives with the request that the resolution be entered in the Congressional Record.

Although this is a non-binding resolution, if passed, it will send a clear message to the federal government as to how Texas will respond to any future executive orders that infringe upon the rights and liberties of Texan citizens. It’s a polite warning.

If it is ignored, we shouldn’t be surprised when binding laws follow.


TJ Martinell