North Dakota Legislature Needs to Pass Nullification Bills

Joe Biden & Kamala Harris (Photo via screenshot.)

Two days from now, Joe Biden will be President of the United States. If that doesn’t cause you a sense of uneasiness, then perhaps the fact that Kamala Harris being a heartbeat away from the presidency will. Toss in the reality of Democrats controlling both the U.S. House and Senate, and the next two to four years are going to get ugly.

In the days leading up the election, Democrats told Americans that “everything’s on the table”. The list of problematic policy positions is long— too long to list here. Whether it’s COVID-19, immigration, healthcare, energy, the courts, taxes, jobs, free speech, guns, etc.; we’re facing the reality of America becoming unrecognizable from what it once was.

Now, don’t get me wrong. I’m not saying that Republicans have been stellar when they’ve been in control. They haven’t. After all, a $27.8 Trillion debt didn’t happen on the watch of Democrats alone. But we didn’t have to worry about things like court packing, open borders, universal healthcare, or unprecedented assaults on the Second Amendment either.

When it comes to the states, Republicans certainly fair better than their Democrat counterparts. There’s 23 states (including North Dakota) that have Republican governors and legislatures— compared to just 15 for Democrats. Another 7 have Republican legislatures, but Democrat governors.

So, with the prospects of Democrats in Washington, DC doing everything in their power to run roughshod over Republicans, what are states like ours supposed to do? The answer to that is nullification.

Admittedly, it’s a word that many Republicans themselves have historically struggled with. But they’d better come to embrace it— and fast. It may well be the only peaceful means of holding together the threads of our Republic.

Interestingly enough, there are at least two bills set to be heard by the North Dakota Legislature that deal with the issue of nullification. They are House Bill 1164 (Sponsored by Rep. Tom Kading – District 45) and House Bill 1282 (Sponsored by Rep. Sebastian Ertelt – District 26).

HB 1164

HB 1164 amends existing law in relation to presidential executive orders. If passed, Legislative Management could require the Attorney General to review the constitutionality of these orders. But here’s the real crux of the bill:

“Notwithstanding any other provision of law, the state, a political subdivision, or any other publicly funded organization may not implement an executive order that restricts a person’s rights or that the attorney general determines to be unconstitutional…”

It then lists six circumstances to which this would apply:

  1. Pandemics or other health emergencies.
  2. The regulation of natural resources, including coal and oil.
  3. The regulation of the agriculture industry.
  4. The use of land.
  5. The regulation of the financial sector as it relates to environmental, social, or governance standards.
  6. The regulation of the constitutional right to keep and bear arms.

HB 1282

HB 1282 would create a “Committee on Neutralization of Federal Laws”. The committee would be comprised of the following members:

  • The president of the senate, or the president’s designee.
  • Six members of the senate, to be appointed by the president of the senate, not more than four of whom may be members of the same political party.
  • The speaker of the house of representatives, or the speaker’s designee.
  • Six members of the house of representatives, to be appointed by the speaker of the house, not more than four of whom may be members of the same political party.

The committee’s statutory authority would be more expansive than the previously mentioned HB 1164. They would review federal statutes, regulations, and executive orders “for the purpose of determining constitutionality and shall recommend whether to neutralize” them in their entirety.

Then this:

“Upon the committee’s recommendation, the legislative assembly, by concurrent resolution, shall consider whether to nullify the federal action. Until the legislative assembly considers the recommendation by concurrent resolution, the federal law, regulation, or executive order in question is not recognized and may not be enforced in the state.”


Aside from submitting to leftist Democrats over the next four years, nullification appears to be the only peaceful means of responding to their efforts. Republican-controlled states must step forward, honor their oaths of office, and defy each and every unconstitutional edict that comes from Washington. The future of the nation — and our freedom — may depend upon it.

The time is now. North Dakota legislators, are you listening?



  1. U.S. National Debt Clock : Real Time (
  2. Joe Biden’s Plan to End Gun Violence | Joe Biden for President
  3. List of United States state legislatures – Wikipedia
  4. House Bill No. 1164 – Sixty-seventh Legislative Assembly of North Dakota – LC Number 21.0492.03000 (
  5. House Bill No. 1282 – Sixty-seventh Legislative Assembly of North Dakota – LC Number 21.0734.02000 (
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About T. Arthur Mason 876 Articles
T. Arthur Mason is a native North Dakotan who has spent nearly all of his life in the Peace Garden State. As the third of four children in Western North Dakota, Mason grew to appreciate family and the outdoors. Some of his fondest memories are annual deer hunts with family and friends. In his early teenage years, faith became a central part of T. Arthur Mason's life. He and the majority of his family attend church together on a weekly basis and find this a fulfilling aspect of their lives. Through the influence of his father, T. Arthur Mason became intrigued with politics. As a boy, he attended political events with his father and enjoyed the friendships that resulted as a byproduct of those political associations. As Mason grew older, he became convinced that the quote often attributed to Thomas Jefferson was true, "That government is best which governs least." Today, T. Arthur Mason enjoys time with his wife and children, an occasional hunt, and an increasingly active life on the political scene. This blog is the fulfillment of a dream to design a web site in the realm of politics and to advocate for the principles of Liberty and constitutionally limited government. On behalf of all those that contribute to The Minuteman, we hope you enjoy your time on the site and will share the message with others.