Bettijo Starr MT Testimony: Nullification and Article V

Attachment: 4622/Bettijo_Starr_MT_Testimony_-_Nullification_and_Article_V.docx

Nullification and Article V

Mr. Chairman and Committee Members

My name is Bettijo Starr, COS volunteer from HD82.

Many who oppose the Convention of States Resolution are offering nullification as an alternative.

Nullification is the legal theory that U.S. states can refuse to comply with federal laws or executive orders they deem to be unconstitutional. Nullification is an opportunity that only presents itself when laws and executive orders are enacted that have an impact on we the Citizens of Montana and are enforceable in some manner..

Federally funded, unconstitutional laws and executive decrees are intentionally difficult for states to nullify because typically they come attached with federal funding. The Affordable Care Act is a prime example. Despite the Supreme Court, and Justice Roberts rewriting the law to save it from being ruled unconstitutional, the states still had their opportunities to nullify the ACA. The accompanying federal funds, heavily loaded in the early years, made it very appealing and very difficult for states to choose nullification.

The reality is that the needed structural and foundational changes such as Fiscal Restraints or term limits on federal officials do not present themselves to the states in a form that allows nullification to come into play.

When has the federal government ever presented to the Montana legislature an “omnibus” spending bill, or a continuing budget resolution that has contributed to the 36 trillion dollar national debt? The answer is never, and there is no requirement to do so. So, how can nullification address this? The reality is that it can't! The same is true of term limits on Congress, a position that regularly polls over 80% nationally.

Common sense and history have shown us that Congress will never limit its power in areas of fiscal restraint or term limits. Congress considers a balanced budget or term limits as a direct affront on their power.

Thankfully the founders have provided a tool to use, Article V. This Convention of States for Proposing Amendments is the last, safe, nonviolent and constitutional solution to fixing the foundational problems of our republic!

Thank you for the opportunity to testify.

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Created:	2025-03-10 22:55 GMT
Updated:	2025-03-10 22:55 GMT
Published:	2025-03-10 22:55 GMT
Converted:	2025-11-11 12:35 GMT
Change Author:	Daniella Landivar
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