Legislation Championing States’ Rights Passes the House

Mike Seals - February 25, 2021 10:36 pm

OKLAHOMA CITY – House Bill 1236 sponsored by House Speaker Charles McCall, R-Atoka, and Rep. Mark McBride, R-Moore, and House Resolution 1005 sponsored by Rep. Jay Steagall, R-Yukon, overwhelmingly passed the House today. The two pieces of legislation are focused on strengthening Oklahoma’s state sovereignty through an assertion of rights outlined in the Tenth Amendment of the United States Constitution.

HB 1236 creates a new law stating that the Oklahoma Legislature may review any federal executive order, federal agency rule or federal legislative action to determine constitutionality. Upon recommendation from the Legislature, the Attorney General will review the action to determine constitutionality. Additionally, it precludes a publicly funded organization from implementing any action that restricts a person’s rights or is deemed unconstitutional. It passed by a vote of 79-18.

“It has become increasingly evident that the line between states’ rights and federal powers is not being respected,” said McBride. “Due to this disregard for the constitutional separation of powers, Oklahoma must have the ability to protect itself from federal government encroachments. House Bill 1236 gives us those protections.”

HR 1005 is a resolution asserting Oklahoma’s sovereignty under the Tenth Amendment to the United States Constitution. It provides guidelines for federal government agencies and agents that operate within, or whose actions have an effect on, Oklahoma and its citizens. It passed by a vote of 80-14.

“It is the duty of the states to secure the rights of their citizens,” said Steagall. “House Resolution 1005 asserts the states’ authorities as guaranteed in the Tenth Amendment of the United States Constitution. It also serves notice to the federal government that the Oklahoma House of Representatives intends to check and maintain the vertical separation of powers prescribed in the Tenth Amendment.”

HB 1236 is now eligible to be heard by the Oklahoma Senate. HR 1005 will be distributed to the President of the United States, President Pro Tempore of the United States Senate, Speaker of the United States House of Representatives and each member of the Oklahoma Congressional Delegation.


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