Last week, an Associated Press reporter interviewed me about a Texas bill that would set the stage to withdraw state resources from some federal actions. The article came out this week and my quotes in the story served as a life raft in a sea of federal supremacy.
Texas House Bill 2338 would create a mechanism to review federal laws and end state cooperation with enforcement of those determined by Texas to violate the U.S. Constitution. The proposed law would establish a standing committee to review federal actions and determine their constitutionality. State and local entities would then be prohibited from enforcing any federal laws, agency rules and regulations, executive orders, federal court decisions, or treaties deemed unconstitutional through the process. The proposed law would also ban expenditure of state funds to enforce such federal actions.
Here’s my brief summary of the AP story written by Meredith Hoffman.
Federal supremacy – federal supremacy – federal supremacy – I say some stuff that’s right, but it’s buried near the end of the story. A Legal expert agrees with me on anti-commandeering…but then says some stupid trash.
Overall, Hoffman was pretty fair in her reporting. In fact, it may be the most balanced mainstream media report on a nullification bill I’ve ever read. (I know that’s not saying much,)
While it was far better than most, I did have one major beef with the way she framed the story.
“A proposal in the GOP-led Legislature would allow Texas to ignore federal law and court rulings and forgo enforcing national regulations. Arizona already has approved a similar policy, and other states want to follow suit, despite the Constitution’s Supremacy Clause, which stipulates federal laws and treaties take precedence.”
Here we find the ubiquitous twisting of the supremacy clause, leaving out the key words “in Pursuance thereof.”
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.”