Sample Testimony from Montana #6

Written Testimony graciously provided by the COS Montana Team

Attachment: 4710/COS_Testimony_2023-6_Nullification_and_Article_V.pdf

Testimony-6 Nullification and Article V

Mr. Chairman, many who oppose the Convention of States Resolution before you are offering
nullification as an alternative.

Nullification is the legal theory that the U.S. states can refuse to comply with federal laws they
deem   to   be   unconstitutional.   Nullification   is   an   opportunity   that   only   presents   itself   when
specific federal laws are passed or specific federal executive actions are enacted that have an
impact on we the Citizens of Montana or any other state governments.

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 structural and foundational changes such as a balanced federal budget or
term limits on federal officials do not present themselves to the states in a form that allows
nullification to come into play. You can’t nullify your way into a balanced federal budget.

When has the federal government ever presented to this state legislature the 35 trillion dollar
national debt, an “omnibus” spending bill, or a continuing budget resolution?   The answer is
never, and there is no requirement to do so.  So, how can nullification address this? The truth
is that it can't! The same is true of term limits on Congress, a position that regularly polls over
80% positive nationwide. The Supreme Court has already ruled that federal term limits can
only be achieved by amending the Constitution.

Common sense and history have shown us that Congress will never limit its power in areas
like a balanced budget or term limits.  From the perspective of Congress a balanced budget or
term limits is a direct affront on their power.

Up until 1913 the state legislatures had a powerful constitutional tool for controlling the federal
government which could effectively address federal spending and power overreach.  With the
ratification of the 17th amendment, state legislatures no longer directly appointed US Senators
and forfeited  considerable leverage over the federal government.

That leaves the state legislatures with only Article V and a Convention of States for Proposing
Amendments to address these foundational problems. The legislation before you today is a
call for Convention strictly limited to:

•

Impose fiscal restraints on the federal government.

•

Limit the power and jurisdiction of the federal government.

•

Impose term limits on Congress and federal officials.

The Montana State Legislature only has one tool left, and that is joining with the previous 19
other states and pass SJ2. This Convention of States for proposing amendments is the last,
safe, nonviolent and constitutional solution for the problems of our republic!

Thank you for the opportunity to testify.

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Created:	2025-05-30 21:08 GMT
Updated:	2025-05-30 21:18 GMT
Published:	2025-05-30 18:08 GMT
Converted:	2025-11-11 12:35 GMT
Change Author:	Sarah Santana
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