Gut Check– ND House Set to Vote On Nullification Bills

February 9, 2021 T. Arthur Mason North Dakota
Joe Biden signs an Executive Order. (Photo via BBC)

It’s your final chance to contact members of the North Dakota House and encourage them to stand against federal overreach. Two nullification bills are on the calendar for tomorrow.

I’ve written about them before. They are House Bill 1164 and House Bill 1282. The former is sponsored by Rep. Tom Kading (R – District 45) and the latter by Rep. Sebastian Ertelt (R – District 26).

If you look at the Version History of HB 1164, you’ll notice it has been amended. In its original form; the state, its political subdivisions, and publicly funded organizations would have been prohibited from implementing unconstitutional presidential executive orders that restrict a person’s rights. Constitutionality would have been determined by North Dakota’s Attorney General. That determination has been amended to read a “court of competent jurisdiction”.

It could certainly be argued that this amendment weakens — perhaps even neuters — the nullification aspect of the bill. Nevertheless, it’s still worth supporting. Why? Because Legislative Management can still require the AG to review presidential orders for constitutionality and to seek relief from implementing them.

HB 1282 has also been amended, but largely remains intact. It would create a “Committee on Nullification of Federal Laws”. In the original version, the President of the Senate was part of the committee. That’s been changed to be the President Pro Tempore of the Senate.

In addition, this phrase was eliminated:

“Until the legislative assembly considers the recommendation by concurrent resolution, the federal law, regulation, or executive order in question is not recognized and may not be enforced in the state.”

In other words, it removed the nullification requirement on the front end. The good news is that it remains on the back end. Meaning, the legislature can still nullify federal action by a “simple majority” vote on a Concurrent Resolution.

It’s likely that changes like these are the only reason these bills became palatable enough that the House Judiciary Committee voted 9-4-1 Do Pass on each of them. It’ll be interesting to see if the House as a whole concurs.

As I’ve said before, nullification appears to be the only peaceful means of pushing back against the reality of leftist Democrats controlling Washington, DC. A vote on these bills is a gut check. We’re about to find out just how seriously members of the North Dakota House take their Oath of Office.

Will they stand or cower?

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Sources:

  1. Distribution List Report (nd.gov)
  2. View Floor Calendar: LegSS: Legislative Branch
  3. North Dakota Legislature Needs to Pass Nullification Bills – The Minuteman Blog
  4. North Dakota Bill Versions: HB 1164 (nd.gov)
  5. North Dakota Bill Versions: HB 1282 (nd.gov)

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About T. Arthur Mason 878 Articles
T. Arthur Mason is a native North Dakotan who has spent nearly all of his life in the Peace Garden State. As the third of four children in Western North Dakota, Mason grew to appreciate family and the outdoors. Some of his fondest memories are annual deer hunts with family and friends. In his early teenage years, faith became a central part of T. Arthur Mason's life. He and the majority of his family attend church together on a weekly basis and find this a fulfilling aspect of their lives. Through the influence of his father, T. Arthur Mason became intrigued with politics. As a boy, he attended political events with his father and enjoyed the friendships that resulted as a byproduct of those political associations. As Mason grew older, he became convinced that the quote often attributed to Thomas Jefferson was true, "That government is best which governs least." Today, T. Arthur Mason enjoys time with his wife and children, an occasional hunt, and an increasingly active life on the political scene. This blog is the fulfillment of a dream to design a web site in the realm of politics and to advocate for the principles of Liberty and constitutionally limited government. On behalf of all those that contribute to The Minuteman, we hope you enjoy your time on the site and will share the message with others.

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