Model State Sovereignty Civil Rights Law Exposed

The Model State Sovereignty Civil Rights Law does not include adoption or approval information. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

REFERENCE TITLE: ___________________ State of ___________ (Introducing _______) _______ Legislature ____ Regular Session 2011 H.B./S. B. ____ Introduced by ______________________

AN ACT

AMENDING TITLE __, CHAPTER __, ARTICLE __, _________ REVISED STATUTES, BY ADDING SECTION __; RELATING TO STATE SOVEREIGNTY CIVIL RIGHTS.

Be it enacted by the Legislature of the State of _________:

Section 1.

Title __, chapter __, article __, __________ Revised Statutes, is amended by adding section ____, to read:

____. Taxpayer State Sovereignty Civil Rights Law.

A. Every state and federal official who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, or any State or Territory or the District of Columbia, enforces any federal law, federal grant condition or federal regulation that purports to displace, supersede, control or condition the exercise of the traditionally reserved powers of the State of _______ in violation of the United States Constitution, shall be liable in an individual capacity to suit in equity in the courts of the State of __________ by taxpaying residents of the State of _________.

B. Taxpaying residents who bring a lawsuit under the authority of section A shall be entitled to seek any appropriate equitable remedy, including, but not limited to, injunctive and declaratory relief.

C. If taxpaying residents of the State of ____________ prevail in their lawsuit under the authority of section A, they shall be entitled to the recovery of their court costs, reasonable litigation expenses and attorneys fees from each losing party, who shall be jointly and severally liable for such costs, expenses and fees.

D. The courts of the State of _________ shall exercise subject matter jurisdiction over any lawsuit brought by any taxpaying resident under the authority of sections A, B and C if the initial pleading specifically alleges:

1. Each plaintiff has paid and will likely be liable for State of ________ and federal taxes during the pendency of the suit, the revenue of which has been and will likely be placed in the State of ________’s or federal government’s general fund.

2. Each defendant is responsible for the expenditure of State of ________ or federal government general fund revenues for the purpose of enforcing federal law(s), federal grant condition(s) or federal regulation(s) that purport to displace, supersede, control or condition the exercise of one or more of the following traditionally reserved powers of the State of __________:

a. the establishment or regulation of local government;

b. the regulation of real property;

c. the regulation of personal property outside of commerce;

d. the regulation of domestic and family affairs, including marriage and guardianship;

e. local criminal law enforcement;

f. the administration of civil justice (between citizens of the same state and outside of bankruptcy), including, but not limited to, personal injury torts, contracts, and nuisance laws;

g. the establishment and regulation of schooling;

h. the regulation of agriculture;

i. the regulation of nonagricultural businesses outside the immediate stream of commerce;

j. the construction of local infrastructure outside of postal roads;

k. control over the voting franchise;

l. control over the structure and mechanics of state government; or

m. control over wages or qualifications of government employees, who perform directly legislative, executive, or judicial tasks for the state or its subdivisions.

3. No plaintiff claims any injury from the conduct of any defendant other than the expenditure of state or federal government general fund revenues to enforce federal law(s), federal grant condition(s) or federal regulation(s) that purport to displace, supersede, control or condition the exercise of the traditionally reserved powers of the State of __________ in violation of the United States Constitution.

4. The lawsuit is premised solely upon taxpayer standing.

5. The lawsuit does not present a Case or Controversy over which federal courts have the power to exercise subject matter jurisdiction under Article III of the United States Constitution.

6. Each plaintiff objects to removal of the lawsuit to any federal court on jurisdictional grounds.

7. Each plaintiff acknowledges and consents to the United States Supreme Court’s ultimate appellate jurisdiction over a final judgment determining the claims brought in the lawsuit.