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SB 479

General Assembly - As introduced, enacts the "Restoring State Sovereignty Through Nullification Act," which establishes processes by which the general assembly may nullify an unconstitutional federal statute, regulation, agency order, or executive order. - Amends TCA Title 3 and Title 4.

114th Regular Session (2025-2026) Introduced by Janice Bowling

Tennessee bill enabling state legislature to unilaterally declare federal laws unconstitutional and nullify them, directly conflicting with established constitutional supremacy doctrine.

Assigned to General Subcommittee of Senate State and Local Government Committee
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Bill Summary · SB 479

Legislative bill overview

SB 479 would establish a legal framework allowing Tennessee's General Assembly to declare federal statutes, regulations, agency orders, or executive orders unconstitutional and nullify them within the state. The bill amends Tennessee Code Annotated Titles 3 and 4 to create formal processes for this nullification power.

Why is this important

This bill directly challenges the constitutional supremacy of federal law. If enacted, it could create significant legal conflicts between state and federal governments, potentially affecting Tennessee's compliance with federal requirements in areas like healthcare, environmental protection, civil rights, and other federally-regulated domains. The practical impact depends heavily on which federal actions the legislature chooses to nullify.

Potential points of contention

  • Constitutional conflict: The U.S. Constitution's Supremacy Clause (Article VI) establishes that valid federal law supersedes state law. Courts have consistently rejected state "nullification" as unconstitutional since the 1830s.
  • Judicial enforceability: Courts would likely strike down any nullification attempt, creating uncertainty about which laws actually apply in Tennessee and generating costly litigation.
  • Federal funding consequences: States that refuse to comply with federal requirements often lose federal funding in affected areas (education, transportation, Medicaid, etc.), potentially harming Tennessee residents and budgets.
  • Implementation ambiguity: The bill doesn't specify who determines constitutionality, what dispute resolution process applies, or how conflicts with the judiciary would be resolved.

Compiled from official sources — confirm details with the bill’s official record.

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