Nathan Dahm, Republican state Senator
OKLAHOMA CITY — A state lawmaker has filed several pieces of legislation which he says will “constrain the federal government within its constitutional limits.”
Republican state Senator Nathan Dahm of Broken Arrow said Senate Bills 21, 22, and 23 would limit federal officials’ power.
“As we begin Bill of Rights Week, we must acknowledge the ever-increasing encroachment and violation of our rights coming from the regime in D.C.,” Dahm said in a media statement announcing the legislation. “With that in mind, I filed Senate Bill 23 to stop infringements on Second Amendment rights and SB 21 to require feds to work through the county sheriff, the highest-ranking law enforcement officer in the county who is directly elected by the people. I also filed SB 22 which allows the state legislature to prohibit state agencies from implementing federal agency rules, so the state no longer does the feds dirty work for them.”
SB 23 would prohibit federal officers from confiscating guns in the state.
A second measure, SB 21, would require federal agents to notify county sheriff’s before operating in the county.
“It is blatantly obvious that we cannot allow unelected bureaucrats or agents of the rogue regime in D.C. to operate in our state without accountability.” Dahm said. “This bill allows the sheriff, an elected official, to keep an eye on the feds when they operate in their county.”
The third measure, SB 22, authorizes the state Legislature to “disapprove the implementation” of certain federal rules or regulations.
Finally, SB 29, would prohibit any member of the Oklahoma National Guard from being released into active duty “unless Congress has formally declared war or issued a call for a specific purpose.”
While Dahm’s legislation may be popular with some conservatives, the measures could also face an uphill battle before they become law.
Under the U.S. Constitution, the supremacy clause, found in Article 6, makes the federal constitution and most federal law superior to state constitutions and laws.
“It (the supremacy clause) prohibits states from interfering with the federal government’s exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government,” an analysis by the Legal Information Institute notes. “It does not, however, allow the federal government to review or veto state laws before they take effect.”
Dahm said he hoped state lawmakers would follow former President Donald Trump’s example of bringing troops home from foreign wars.
“I hope this year the Oklahoma Legislature will follow that example and work to bring our troops home and return to a constitutional framework on wars,” he said.
State lawmakers will get the chance to review Dahm’s proposals when the Legislature convenes in February 2023 for the First Session of the 59th Oklahoma Legislature.