Subject to Nullification

Over the past few weeks, there has been a lot of talk of “nullification” bills from the legislature. These bills seek to exempt Montana from certain federal laws that are passed. Thus far we’ve seen bills to nullify the federal health insurance reform and the endangered species act, among others.

The most overreaching of these nullification bills though belongs to Rep. Derek Skees. This bill would set up an 11 person panel that would be able to nullify any and all federal legislation. During the hearing on this bill, Rep. Ellie Hill asked whether this bill would include the opportunity to nullify such bills as those prohibiting slavery in the state. To which, Rep. Skees acknowledged that this 11 person panel could potentially nullify the abolition of slavery in Montana.

This bill passed out of the House Judiciary Committee today, and will go to a full floor debate on either Tuesday or Wednesday of this week.

If this bill is passed through the full House, the impacts of this bill would be devastating and far reaching for the state. As one Democratic member of the House Judiciary committee put it today, “This bill would create 11 god-like legislators.” These legislators would be able to decide exactly which laws Montanans would have to abide by. This panel wouldn’t just decide on future laws; any past law would be subject to nullification by this panel. This includes:

• Women’s right to vote
• The abolition of slavery
• The direct election of U.S. Senators
• The Americans With Disabilities Act
• The Civil Rights Act

This list only encompasses a few. This bill is one of the most overreaching bills introduced this session and has the potential to seriously turn the clock back on Montanans.