Nullification in Alaska
HB 83 clarifies in Alaska Statute that a federal statute, regulation, presidential executive order, or secretarial order that is not properly adopted or is unconstitutional does not preempt state law. The Attorney General will continue to review and report federal statute, regulation, presidential executive order, or secretarial orders that appear to have not been properly adopted. Under HB 83 those reports will be forwarded to the legislature for consideration.
HB 83 presumes Alaska Legislative interest in an important legal process called “nullification”. Nullification is when a state ‘nullifies’ a federal law, proclaiming it to be void and inoperative, or ‘non-effective’ within the boundaries of that state. In other words it is not a law as far as that state is concerned.
Via Moon Battery
