When states seek to nullify unconstitutional acts, opponents immediately run to the supremacy clause of the U.S. Constitution, asserting federal acts trump state law. HB 8 makes clear the proper scope of ArticleVI.
A federal statute, regulation, presidential executive order, or secretarial order that is unconstitutional or was not properly adopted in accordance with federal statutory authority may not be considered to preempt a state law.
The bill further gives the House and Senate committees exercising jurisdiction over judicial matters the authority to consider whether legislative action is necessary in response to any unconstitutional act the state attorney general finds conflicting with Alaska law.
If signed into law, the act would effectively set the stage for legislative nullification of unconstitutional acts.
HB 8 passed the House 29-10 with one abstention.
Language in the bill succinctly defines the limits of the supremacy clause.
Federal statutes, regulations, presidential executive orders, and secretarial orders that are unconstitutional or not properly adopted in accordance with constitutional and statutory authority are not laws of the United States for the purposes of the Supremacy Clause; and federal regulations, presidential executive orders, and secretarial orders that are not properly adopted in accordance with statutory authority may not preempt state laws that are not in conflict with federal statutory authority, regulations, and secretarial orders properly adopted in accordance with that statutory authority.
Full article: http://blog.tenthamendmentcenter.com/2011/04/alaska-house-passes-two-state-sovereignty-bills/
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