Idaho Proposal to Nullify Any Federal Actions

Faye Higbee

An Idaho proposal passed an Idaho Federalism Panel on Tuesday and was sent to the House for amendments and some changes…but it’s a harbinger of what may start to happen across the country as Biden continues stepping all over the Constitution. The Idaho proposal, House Bill 322, gives the state veto power over any Federal actions, including Executive Orders based on a complaint/hearing process.

The legislation allows any member of the state House or Senate to make a complaint to the leader of the House, Senate and co-chairmen of the Committee on Federalism concerning executive orders, acts of Congress, federal court rulings and other federal actions…

…Within 15 days of receiving a complaint, the Idaho federalism committee’s co-chairmen would survey members to determine whether the complaint has merit.

If the Republican-dominated committee finds the federal action is outside what it considers federal authority, a public hearing would have to be held within 30 days of that decision.

After the hearing, the committee would prepare a report to the Legislature, creating an avenue for lawmakers to create and pass legislation that backers of the bill say would make the federal action or court ruling “null and void.”

Additionally, the legislation says that once the committee convenes, no state agency can take any action guided by the federal action or court decision until the committee makes a determination.

AP on the Idaho proposal

The bill specifically addresses Federal actions that are outside the scope of Federal authority, such as pandemic “emergencies” or abortion mandates. The procedure is designed to protect state sovereignty against unreasonable actions by the Biden Administration..

Legislation may then be introduced proclaiming that the federal action is outside the scope of federal authority and, if it is enacted into law, such federal actions shall not be recognized by the state of Idaho and are null and void and of no force and effect in this state, and no agency of or political subdi39 vision of this state shall take any action or utilize any resources to give effect to or to enforce such federal executive orders, agency orders, rules, policy directives, regulations, acts of congress, or federal court rulings.

HB 322 (excerpt)

The legislators plan to add an end date. The bill is not unconstitutional “on its face”, according to the Idaho Deputy Attorney General, but it will depend on what the legislature does with the power to veto the Federal Government. Do you think states are a little unhappy with the Biden Administration’s overreach?


Featured photo: Idaho State Capitol

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