House Bill 441, known as the "Restoring State Sovereignty Through Nullification Act," establishes a framework for the state of Tennessee to assert its sovereignty against federal actions that are considered unconstitutional. The bill introduces a new chapter to the Tennessee Code Annotated, emphasizing the principle of nullification, which allows the state to declare specific federal actions void if they exceed the authority granted to the federal government by the U.S. Constitution. It asserts that federal laws, executive actions, and court opinions must adhere to constitutional limitations, and any actions outside these boundaries are viewed as violations of the rights and safety of Tennessee residents.
The bill outlines the process for initiating nullification, which can be done by the governor through an executive order or by a member of the general assembly introducing a bill of nullification. It specifies that such a bill can be introduced following a coordinated petition process involving ten counties and at least 2,000 registered voters, with a minimum of twenty-five signatures from each county. The Speaker of the House is required to introduce the bill upon receiving a valid petition, and it must follow specific protocols for scheduling and voting. Additionally, the bill allows Tennessee courts to declare federal actions null and void, regardless of when they occurred, and includes provisions for reintroducing failed bills in subsequent years, as well as a severability clause to maintain the enforceability of remaining provisions if any part is invalidated. The act is set to take effect immediately upon becoming law.