The Tale of Two State Sovereignty Bills

January 31st was the last day for House Reps to timely file their bills, and February 1st was the Senate’s deadline. As legislators scrambled to dot all their i’s and cross all their t’s, we kept our eye on two bills introduced to protect state sovereignty.

As reflected by Governor Greg Abbott's recent actions to tackle the crisis at his state’s border, securing sovereignty has re-entered the public consciousness. Last year, Rep. Bud Hulsey (R-Kingsport) and Sen. Janice Bowling (R-Tullahoma) put forward the "Restoring State Sovereignty Through Nullification Act." Though it garnered wide support in the House, earning 16 co-sponsors, it failed in Senate committee last March.

This year, the two sponsors reintroduced the same bill which outlines five ways the state could nullify a federal action:

• By a people’s petition: signatures of two thousand registered Tennessee voters on a petition of nullification. Upon verification, the speaker of the house of representatives would introduce the bill.
• By counties and municipalities: a petition of nullification from at least ten governing bodies. Upon verification, the speaker of the house of representatives would introduce the bill.
• By a court: any court under the authority of the Constitution of Tennessee may render a proper finding or a holding of nullification.
• By the General Assembly: any member of the general assembly may introduce a bill of nullification to be voted on by the state legislature.
• By the governor: an executive order.

As previously mentioned, this isn't the only state sovereignty proposal that found its way on the docket. On January 26th, Sen. Adam Lowe (R-Calhoun) and Clay Doggett (R-Pulaski) filed the “Tennessee State Sovereignty Act of 2024.” The main difference between the two is largely bureaucratic.

Unlike Hulsey and Bowling's bill, this legislation would create a 10-member committee that would vet the process. The committee, made up of both House and Senate speakers and their appointees, would meet bi-annually or by request of the chairs to “monitor and review federal acts, laws, orders, and regulations that may impact the jurisdiction, governance, sovereignty, or civil liberties of the residents of this state.”

There are also four other ways the committee can be called to order:

• By a people’s petition: signatures of at least 100 residents from no less than twenty counties.
• By the General Assembly: signatures from at least fifteen representatives or three senators.
• By the governor: an executive order.
• By the Attorney General: upon special request.

The committee would determine whether there is a violation via a simple majority vote; if the committee decides to take action, they would draft a “resolution of noncompliance” or “a declaration of resistance.” The piece of legislation would then go before the state legislature for vote, either during a regular or specially called session.