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Governor vs. Nullification Bills

By Kacey Drescher

Story Created: Feb 22, 2011 at 8:15 PM MDT

Story Updated: Feb 23, 2011 at 2:39 AM MDT

From greenhouse gas, to federal firearm laws and health care reform, numerous attempts to defy the federal government have passed out of committee and have been backed by the House.

Governor Schweitzer made an unannounced visit to the Democrat Caucus Monday to voice his concern over what he calls these un-American and unconstitutional bills.

"We constantly battle back and forth, as to what’s constitutional, everyone’s got an opinion..." says Representative Derek Skees.

And the Governor’s opinion is that some 92 bills being proposed are unconstitutional including a handful of GOP backed legislation aimed to defy Federal law which is says conjures up images of the Civil War.

“When we say, that we will nullify a portion of federal law that is simply saying that we don’t consider ourselves bound by the constitution of the United States of America, that’s very dangerous territory,” says Governor Schweitzer.

Treading on the Governor’s dangerous territory is Representative Krayton Kerns. "No body’s brave enough to do it yet, so we are," he says.

Kern’s House Bill 321, declaring the Federal Endangered Species Act unconstitutional and invalid in Montana, was backed by the House and is now in Appropriations. “The Endangered Species Act is the nuclear weapon of those wanting to obstruct resource developments,” says Kerns.

Another unconstitutional bill, according to the Governor, is Representative Derek Skees’ measure to create a Legislative commission to review and possibly nullify all federal laws.

"If we nullify a federal law and then 20 other states say, gosh Montana, you’re right that law is a bad law then we steer the Supreme Court back to a path that adjudicates what’s constitutional for all of us," says Skees.

Skees says the Governor isn’t qualified to deem bills unconstitutional. "He isn’t any more of a scholar in constitutionality of law then any of us," adds Representative Skees.

And Kerns points to themes of hypocrisy. Representative Kerns says, "I would remind everyone that the Governor signed a nullification bill in the 2007 session to nullify the Real ID Act."

"If a Legislator said that I voted to nullify the Real ID Act they are well mistaken. The Real ID Act was a resolution by the Legislature and then ultimately they moved it to me but there was no discussion of nullification," says the Governor.

Kerns and Skees both say their bills could be considered “jobs bills” but the Governor says jeopardizing the federal funds we receive could have detrimental affects to the Treasure State. "If these Legislators are willing to walk about from $ 1 billion dollars worth of economic activity every year it would destroy the economy of Montana," adds Schweitzer.






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Glenn Wehe, Columbia Falls said on Thursday, Feb 24 at 10:17 AM

Sadly, again the Governor is mistaken when he claims that nullifying a law goes angainst the US Constitution. Last time I checked, nullifying a law was inferred and intended by the 9th and 10 Amendments. I can recommend a good book for the Gov to read.

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