Members of the Montana Legislature are seeking to pass bills – SB 277, HB 258, and HB 560 – that would nullify unconstitutional federal actions on a number of topics.
Senate Bill No. 277 (SB 277) is sponsored by Tom McGillvray (R-Billings). It would create a process for reviewing executive orders signed by the U.S. president and nullifying them if found unconstitutional.
If SB 277 becomes law, Montana’s legislative council would review the constitutionality of presidential executive orders, sending their recommendation to the Montana Attorney General.
If the Attorney General determines that the executive order in question is unconstitutional, that order would be prevented from being enforced within the borders of Montana, assuming that it falls in any of the following six categories:
(a) pandemics or other public health emergencies;
(b) the regulation of natural resources or their exploration or development, including but not limited to coal and oil;
(c) the regulation of the agriculture industry;
(d) the use of land;
(e) the regulation of the financial sector as it relates to environmental, social, or governance standards; or
(f) any regulation affecting the constitutional rights of state residents, including but not limited to the right to keep and bear arms.
At least two bills related to federal gun control have also been introduced. House Bill 258 (HB 258) and House Bill 560 (HB 560) are similar. Both of these would prohibit the enforcement of certain federal gun control actions enacted or adopted after January 2021. While limited in scope, these bills are good first starts toward more substantive nullification.
HB 258 was signed by the governor on April 23, while SB 277 was signed the same day.
These bills are good applications of Article VI of the U.S. Constitution, which states “[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.”
Since the various forms of infringement outlined in these bills violate the U.S. Constitution, they cannot be considered “made in Pursuance thereof” and, thus, are not “the supreme Law of the Land.” Unfortunately, in the last several decades, thousands of unconstitutional laws on the federal, state, and even local levels have been created and enforced.
Because of this, it is important that officials at all levels of government begin to push back against this lawless regime and robustly enforce the Constitution and only those laws “made in Pursuance thereof.” The above bills are excellent models for other states to follow.
Urge your state representative and senator to support SB 277, HB 258, and HB 560, and to push back against all other unconstitutional laws at every level of government.
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