The Nebraska legislature will consider Legislative Bill 1171, titled The Nebraska Balance of Powers Act during the 2012 session.

State Senator Mark Christensen of Nebraska’s 44^thDistrict introduced the bill on Jan. 19.

The Nebraska Balance of Powers Act shall serve as notice and a demand that the federal government cease and desist any and all activities outside the scope of the federal government’s constitutionally designated powers and which diminish the proper balance of power between the state and federal government. It also calls for the formation of a committee on nullification.

The bill is intended to reclaim the powers that the Tenth Amendment guarantees and reserves to the states and the people of Nebraska, not delegated to the federal government elsewhere in the Constitution. Such guarantee makes up part of a compact between the people of the State of Nebraska and the United States as of the time that the State of Nebraska was admitted to statehood in 1867.

“The Constitution of the United States affirms that the sole and sovereign power to regulate a state’s business and affairs rests in the state legislature and has always been a compelling state concern and central to state sovereignty.”

The Bill states that the commerce clause was not meant or understood to authorize the United States Congress of the federal judicial branch to regulate the state courts in the matter of state substantive law or state judicial procedure.

It goes on further to say that Article I, section 8, clause 1, of the Constitution of the United States, known as the “general welfare clause,” does not empower the federal government with the ability to do anything it deems “good.” The bill’s author quotes James Madison. “When asked if this clause was a grant of power, he replied, ‘If not only the means but the objects are unlimited, the parchment should be thrown into the fire at once.’”

The Nebraska Balance of Powers Act would also establish The Committee on Nullification of Federal Laws. “The committee shall recommend, propose, and call for a vote by simple majority to nullify in its entirety a specific federal law or regulation that is outside the scope of the powers delegated by the people of the State of Nebraska to the federal government in the Constitution of the United States.”

The bill is a great step for Nebraska toward reclaiming powers reserved by the Tenth Amendment, long ago usurped by an overreaching federal government.

There are currently four other states considering similar legislation this year and six bills introduced last year.

The Nebraska Balance of Powers Act has been referred to the Government, Military and Veterans Affairs Committee.

Categories: Dave's Rants
Tags: health freedom

3 Comments     Comments

Toni , Queen Creek, Az , January 31, 2012 at 10:51 AM | Reply Go Nebraska. Isn't it too bad that we have to pass a Bill to remind our political leaders of the Bill of Rights that already gives us those rights? You're setting a good example for the rest of us, Nebraska!

Kerry, , January 30, 2012 at 7:09 PM | Reply Go, Nebraska! What Alan refers to as "tasty fed dollars" is really the problem, isn't it? States are beholden to the federal handout. Many states are afraid that without federal dollars, they could not balance a budget, so the state government agrees to give up individual rights. Isn't it about time that we reject a largely useless federal government so that we can take care of ourselves? The feds are certainly not interested in caring for individuals, but rather corporations and special interest groups, and themselves. Still, Nebraska has the moxie to step up. How can anything ever change if we fail to try?

Alan, Fremont, CA , January 29, 2012 at 9:58 PM | Reply Well, good luck with that. As much as I appreciate the efforts that defy the USDA/FDA overreaching enforcements of regulations that were not voted on by anyone, the "Tenth Amendment" movement is pretty much doomed to failure. Federal nullification ain't a gonna happen. You can take the feds to court and win (it isn't easy) a variety of ways, but the argument that always loses is that the Federal government has no right to tell the states what to do. Legal arguments aside, it will not get any support outside of right-wing conservative circles. And by right-wing I mean so right wing that I doubt even Scalia, Roberts, or Thomas would vote for it. The fact is that Tenth Amendment/Federal Nullification efforts are MOSTLY directed at trying to pass laws that are immoral and unpopular nationwide, such as racist civil rights rollbacks and things like forcing creationism in schools. More than that, almost all "red" states are far more dependent on the Federal government than the other way around. In the unlikely event that federal nullification goes through some where, there are all sorts of tasty fed dollars that get lost in the process. You wanna be on you own do you? Ok, there you go! Let's see how long you last.