Texas lawmaker Dan Flynn has introduced legislation that would invalidate within the sovereign borders of his state every act of the federal government that exceeds its constitutionally derived authority.
State Representative Dan Flynn’s bill — House Bill 98 — denies to the federal government:
the power to take any legislative, executive, or judicial action that violates the constitution, specifically including those actions that unconstitutionally undermine, diminish, or disregard the balance of powers between the states and the federal government established by the constitution.
Flynn goes on to cite chapter and verse of the Constitution and the principles of federalism in defense of his position that the state of Texas retains the power to refuse to carry out federal mandates that are not specifically authorized in the Constitution’s enumeration of federal powers.
Beyond his understanding of core concepts of federalism, Flynn is to be commended for the bold warning he included in his legislation:
This Act serves as notice from this state to the federal government to cease and desist any and all unconstitutional activities that are outside the scope of the power delegated to it by the United States Constitution, including those activities that unconstitutionally undermine, diminish, or disregard the balance of powers between the states and the federal government established by the constitution.
This state and its people retain their sovereign power to regulate the affairs of this state, subject only to the limitations prescribed by the United States Constitution.
Nothing more needs to be said. Flynn’s bill, officially titled the Texas Balance of Powers Act, is a full-throated defiance of federal tyranny and attempts to subjugate the states into nothing more that administrative sub-units of the plutocracy on the Potomac.