Tiger Droppings 1/21/2021
HB 1215 | Texas Sovereignty Act - filed Jan. 20 (not to be confused w/ TEXIT referendum)
Texans are becoming prickly ....
Summary of Texas Sovereignty Act
HB 1215
Basic Approach
Provide streamlined approach for the Texas legislature to formally declare that specific acts of the federal government are unconstitutional. Creates a standing legislative committee to review federal actions for constitutionality. The full legislature votes on declared unconstitutional acts and the governor reviews. Federal actions subject to Texas review are legislation, regulations, executive orders, federal judicial orders or decisions, and treaty enforcement.
Once an act is declared unconstitutional, law enforcement can arrest and prosecute federal agents who attempt enforcement action under the color of declared unconstitutional acts under the Texas penal code, including explicitly, the Texas Official Oppression Act (Texas Penal Code 39.03). While maintaining the ability of local district and county attorneys to prosecute, the attorney general is also given prosecutorial power to prosecute federal agents if a federal act has been declared unconstitutional.
Details
- Explicitly states that this bill does not prohibit a public officer who has taken the oath from interposing to stop acts of the federal government which in the officer’s best understanding and judgment, violate the Constitution.
- Includes canons of construction guiding the analysis of the constitutionality of federal acts. The canons urge reliance on the text and structure of the Constitution and in cases of ambiguity, on sources that evidence original intent.
- Allows Texas citizens to seek an opinion about the constitutionality of a federal action in a Texas court.
More:
https://www.tigerdroppings.com/rant/politics/hb-1215--texas-sovereignty-act---filed-jan-20-not-to-be-confused-w--texit-referendum/94720138/
