Checks and Balances in Government Amendment

Summary

This amendment underscores a state’s inherent Constitutional right to exercise its sovereign authority to restrict the actions of its personnel and/or to restrict the use of its resources to fulfill a federal directive that is inconsistent with the US Constitution.

Checks and Balances in Government Amendment

Checks and Balances in Government Amendment

Article 1 Title.

This article is known as the “Checks and Balances in Government Amendment.”

Article 2 Denial of State Personnel and Resources to Unconstitutional Acts.

A.  The Constitution of the United States is the supreme law of the land to which all government, state and federal, is subject.

B.  To protect the people’s freedom and to preserve the checks and balances of the United States Constitution, this state may exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the constitution by doing any of the following:

1.  Passing an initiative or referendum pursuant to [specify relevant constitutional provision].

2.  Passing a bill pursuant to [specify relevant constitutional provision].

3.  Pursuing any other available legal remedy.

C.  If the people or their representatives exercise their authority pursuant to this section, this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with the designated federal action or program.

Approved by the ALEC Board of Directors January 9, 2014.

Re-approved by the ALEC Board of Directors December 26, 2018.