“Under H.B. 726 and S.B. 1092, the scope of which federal actions to review is comprehensive. It defines “federal action” as including “federal law; a federal agency rule, policy, or standard; an executive order of the president of the United States; an order or decision of a federal court; and the making or enforcing of a treaty.”
Additionally, the bills expressly state that “any federal action, whether said action is past, present, or future,” can be nullified using the outlined processes.
When examining the constitutionality of federal actions, H.B. 726 and S.B. 1092 require considering “the plain reading and reasoning of the text of the United States Constitution and the understood definitions at the time of the framing and construction of the Constitution by the framers.”
If a federal action is found unconstitutional under H.B. 726 and S.B. 1092, that action would be prohibited from being enforced in Tennessee by any state or local government agency, and no funds may be used to enforce it.”
