House lawmakers file bills to push back against federal laws
A House resolution would lay claim to North Carolina's ability to "claim sovereignty" over powers not enumerated by the U.S. Constitution. Another bill would direct Attorney General Cooper to challenge the federal government's 2012 National Defense Authorization Act.Posted — Updated
Wednesday is the deadline for House members to file legislation that does not deal with tax or budget issues. Lawmakers filed 87 bills Tuesday.
That paraphrase of the Tenth Amendment is preceded by "whereas" language that complains "many federal mandates are directly in violation of the Tenth Amendment" and that states are treated as subservient to the federal government.
Sponsored by Reps. Michael Speciale, R-Craven, Mark Brody, R-Union, George Cleveland, R-Onslow, and Larry Pittman, R-Cabarrus, the measure is only a resolution, so it would not have the force of law. Also, it does not call for the state to take any action other than transmit a copy to Congress and the president asking them to stop acting in an unconstitutional manner.
The bill specifically raises the question of whether the federal law allows for suspending rights of habeas corpus and trial by jury and would make it illegal for anyone in North Carolina to arrest, capture or kill anyone "under the law of war."
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