Oklahoma legislators have turned to nullification pursuant under the Ninth and Tenth Amendments of the United States Constitution in an attempt to fight back against the EPA’s unconstitutional rule making.
State Sen. Patrick Anderson recently submitted SB1167 to the Oklahoma Legislature. This bill will render void all rules imposed by the EPA and not passed by Congress. It is absolute nullification of that agency’s rulemaking in the state of Oklahoma.
From the bill:
“The Legislature declares that the rule-making authority of the Environmental Protection Agency is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the founders and ratifiers, and is hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.”
The legislation also takes it a step further by empowering the state lawmakers to actively block enforcement of such regulations.
“It shall be the duty of the Legislature of this state to adopt and enact any and all measures as may be necessary to prevent the enforcement of rules issued by the Environmental Protection Agency which are not specifically authorized by the Congress of the United States or specifically adopted by the Oklahoma Legislature.”
Other states have noticed the move by Oklahoma and are now considering legislation of their own. One Tennessee legislator plans to review the Oklahoma plan and possibly introduce legislation this season.
To Lean More About Nullification Visit The Tenth Amendment Center.