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HB 441

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 Bud Hulsey

Tennessee bill would allow state legislature to unilaterally nullify federal laws deemed unconstitutional, challenging constitutional federal supremacy doctrine and likely facing federal court invalidation.

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Bill Summary · HB 441

Legislative bill overview

HB 441 would establish a legal process allowing Tennessee's General Assembly to unilaterally declare federal statutes, regulations, agency orders, or executive orders "unconstitutional" and nullify their application within the state. The bill amends Tennessee Code sections relating to state government operations to create mechanisms for this nullification process.

Why is this important

This bill directly challenges the constitutional principle of federal supremacy established by the Supremacy Clause of the U.S. Constitution. If enacted, it would create a systematic framework for states to ignore federal law they deem unconstitutional—a power the Supreme Court has consistently ruled states do not possess. This represents a fundamental conflict with how the U.S. constitutional system has functioned since the Civil War and Supreme Court decisions rejecting nullification doctrine.

Potential points of contention

  • Constitutional validity: Federal courts have repeatedly struck down state nullification attempts as unconstitutional; this bill would likely face immediate legal challenge and invalidation
  • Judicial review bypass: The process appears to allow legislative nullification without federal court review, contradicting established separation of powers and judicial review principles
  • Federal-state conflict escalation: Could trigger severe federal consequences, including loss of federal funding, interstate commerce disputes, or intervention by the Justice Department
  • Vague standards: Lacks clear definition of who determines if a federal action is "unconstitutional" or what judicial standard applies, creating arbitrary application risks
  • Practical enforcement: Unclear how Tennessee would prevent federal enforcement of law within its borders or handle federal employees/agencies

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

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