MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary A
By: Representative Hood
AN ACT TO CREATE THE MISSISSIPPI RULE OF LAW ACT; TO PROHIBIT THE ENFORCEMENT OF ANY FEDERAL EXECUTIVE ORDER, AGENCY ORDER OR REGULATION THAT IS CONTRARY TO THE MISSISSIPPI CONSTITUTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 1 through 3 of this act shall be known and may be cited as the "Mississippi Rule of Law Act."
SECTION 2. It is the intent of the Legislature in
enacting this act to protect the constitutional rights of the people of Mississippi from federal executive orders, agency orders, rules or regulations that intend, contrary to opinions by the U.S. Supreme Court, to commandeer the state and its officers in enforcing federal regulatory programs and schemes.
SECTION 3. (1) Other than compliance with an order of the court, no federal executive order, agency order, rule or regulation issued, enacted or promulgated on or after the effective date of this act, shall be knowingly and willfully ordered to be enforced by any official, agent or employee of the state or a political subdivision of the state, if such action is contrary to the Mississippi Constitution of 1890, or if it exceeds the explicit statutory authority granted to a state agency and its officers.
(2) Any order of enforcement described in subsection (1) of this section that occurs after the passage of this act shall be a breach of the oath of office of the official, agent or employee of the state or a political subdivision of the state.
SECTION 4. This act shall take effect and be in force from and after its passage.