Texas

TexasTowelie

(111,938 posts) Mon Dec 1, 2014, 03:01 AM Dec 2014

Republican State Rep. Files Unconstitutional Bill to Allow Texas Legislature to Nullify Federal Laws

Texans like to pride ourselves on our fiercely independent nature, but one veteran Republican state legislator is trying to turn that independent streak into an unconstitutional law. State Rep. Dan Flynn (R-Van) has filed a bill to allow Texas’ state house speaker and lieutenant governor to have the power to “suspend any federal law within Texas’s borders.”

As ThinkProgress summarized, Flynn’s bill lays out the following structure for the legislature to review federal laws:

The legislation creates a 14 member “joint legislative committee on nullification” that is co-chaired by the speaker and lieutenant governor. Half of the dozen remaining members are appointed by one of the committee’s chairs, while the other half are appointed by the other chair (although only eight of the committee’s fourteen total members may belong to the same political party). A bare majority of the committee, eight votes, may temporarily declare that a federal law “has no legal effect in this state.” If that declaration is ratified by the state legislature in the next legislative session, it becomes permanent.

Under Flynn’s proposal, the state house speaker and lieutenant governor could create a committee stacked with loyal right-wing supporters, and use that to choose which federal laws they want the state to follow. In a state where Dan Patrick was just elected lieutenant governor, the idea is a truly terrifying prospect. Patrick is staunchly anti-immigrant and anti-choice, and if he had the power to void the federal laws that protect the rights of women and minorities, Texans could face a bleak future indeed.

Fortunately Flynn’s bill has one major problem. It’s blatantly unconstitutional.

Read more: http://www.burntorangereport.com/diary/28689/republican-state-rep-files-unconstitutional-bill-allow-texas-legislature-nullify-federal-laws

14 replies

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Republican State Rep. Files Unconstitutional Bill to Allow Texas Legislature to Nullify Federal Laws (Original Post) TexasTowelie Dec 2014 OP

moron. the constitution will nullify their bill. truly they need to either love or leave this roguevalley Dec 2014 #1

this gets into the realm of the Onion olddots Dec 2014 #2

This is a pattern being repeated by other republican dominated State legislatures. gordianot Dec 2014 #3

"dadburn it, it weren't about slav'ry, it were about-textile prices-them uppity,uh, textile prices". Ken Burch Dec 2014 #7

I wish Andrew Jackson were still President, when legislatures try to enact such laws. ColesCountyDem Dec 2014 #9

He pretty much called out John C. Calhoun on nullification. hobbit709 Dec 2014 #10

He surely did. n/t ColesCountyDem Dec 2014 #12

Total moron. dballance Dec 2014 #4

Well, a lot of 'em still have a Gray uniform around the house somewhere. Ken Burch Dec 2014 #8

Hilarious, JDPriestly Dec 2014 #5

Maybe old man 76 Dec 2014 #6

Hang em or shoot em and we would have a better world. gordianot Dec 2014 #11

... LostOne4Ever Dec 2014 #13

Secede already. blkmusclmachine Dec 2014 #14

roguevalley

(40,656 posts)

1. moron. the constitution will nullify their bill. truly they need to either love or leave this

Reply to TexasTowelie (Original post)

Mon Dec 1, 2014, 03:17 AM

Dec 2014

country

olddots

(10,237 posts)

2. this gets into the realm of the Onion

Reply to TexasTowelie (Original post)

Mon Dec 1, 2014, 03:26 AM

Dec 2014

The evil dumbth has been turned up to 11 .

gordianot

(15,233 posts)

3. This is a pattern being repeated by other republican dominated State legislatures.

Reply to TexasTowelie (Original post)

Mon Dec 1, 2014, 03:29 AM

Dec 2014

They do mean to give it a try and do not care the consequences. I look for an eventual crisis when several States try to enact these laws simultaneously. The Confederacy disease rides again.

Ken Burch

(50,254 posts)

7. "dadburn it, it weren't about slav'ry, it were about-textile prices-them uppity,uh, textile prices".

Reply to gordianot (Reply #3)

Mon Dec 1, 2014, 05:57 AM

Dec 2014

ColesCountyDem

(6,943 posts)

9. I wish Andrew Jackson were still President, when legislatures try to enact such laws.

Reply to gordianot (Reply #3)

Mon Dec 1, 2014, 06:37 AM

Dec 2014

During the Nullification Crisis of 1832, when the South Carolina legislature passed legislation purporting to nullify the Tariff Act of 1832, President Jackson, who viewed both nullification and secession as treasonable acts, wrote to Sen. Henry Clay, "You may inform them (the governor and legislature of South Carolina) that should any attempt be made to enforce this law, I shall lead the Army into the state and hang the first of them upon whom I shall lay my hands".

Those who knew Jackson well, including Sen. Clay, knew that when Jackson spoke of hanging, most people began looking for rope. Sen. Clay used his considerable influence to persuade South Carolina to repeal their nullification legislation, following passage of the Tariff Act of 1833. They did so.