Federal nullification bill heads to House floor

BOISE - Legislation that ostensibly gives Idaho lawmakers a way to nullify federal laws, rules and court decisions advanced to the House floor on a voice vote Wednesday.

The House State Affairs Committee, which includes several of the most conservative members of the House, discussed the bill for eight minutes before giving it a do-pass recommendation.

The measure was sponsored by Rep. Paul Shepherd, R-Riggins. It allows members of the Legislature to introduce bills challenging the constitutionality of "any executive order, federal law, federal regulation, federal court or U.S. Supreme Court decision." Should the bill then be approved and signed into law, the federal actions in question would be declared "null and void and of no effect in this state."

Shepherd said the basic intent is to assert states' rights and emphasize the states' role in providing a necessary check on federal power.

"I think we desperately need a way to call them (federal entities) out when they're unconstitutional," he said.

For example, Shepherd disagrees with the "one person, one vote" Supreme Court rulings in the 1960s, which reduced the influence of rural communities by forcing Idaho and other states to throw out county-based legislative districts in favor of districts that have equal populations.

"That's one that's pretty clearly unconstitutional," he said of the court rulings. "The reason I think it's unconstitutional is because they don't do it in the (U.S. Senate). So I'm pretty sure it's illegal."

He also disagrees with court rulings that confer citizenship on anyone born in the United States, even if their parents are illegal immigrants.

"That probably costs us millions of dollars, because people sneak in to have babies and get our taxpayer money," he said. "That's totally illegal, the way I read (the Constitution)."

No one spoke against the bill during a 20-minute public hearing. Three people spoke in favor, including two who have had ongoing disputes with the U.S. Environmental Protection Agency in recent years over small-scale suction dredge mining.

Former Rep. Charles "Lee" Barron said Idaho "is being tyrannized by the federal government," and needs Shepherd's bill to resist federal encroachment.

"When we have heartache over Roe v. Wade or (gay marriage), those sorts of things need to be adjudicated by the 10th Amendment," he said. "The 10th Amendment is just as much a right and just as important (as any other provisions in the Bill of Rights)."

Rep. Lynn Luker, R-Boise, wondered why the Legislature needs special permission to take action.

"Given the nature of our body, if we want a bill that pushes back (against federal actions), we do it," he said.

Shepherd disagreed, saying the Legislature has been unwilling to take that step.

"We bring an action, but then we just roll over," he said. "This bill goes a step farther and says we no longer roll over. If we get a majority vote, (the federal action) doesn't happen in Idaho."

Rep. Jason Monks, R-Nampa, was equally confused.

"We can already do this now, and it's going to require a majority of the Legislature regardless," he said. "So if we're always rolling over anyway, how does this bill change that? It doesn't really lower the bar."

Under Shepherd's bill, if the Legislature chooses to nullify a federal law, regulation or court ruling, state agencies and officials would be prohibited from taking any steps to enforce or implement that ruling.

"It voids any money coming from the feds on that subject," Shepherd said. "Our sheriffs or whoever wouldn't allow them to come bother anyone, because it's void in Idaho."

"We have to be brave enough to take this step and see what they (the federal government) do," he added. "I can't tell you they won't come, but I think we can win. They're letting (other states and communities) have drugs and sanctuary cities, so I think we can have some freedom. If we can't, we have to be forceful and say we're going by the Constitution. It's time we step up and do something like that."

The committee recommended approval of the bill on a voice vote. It now goes to the full House.

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Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.