Constitutional Defense Council Act Exposed

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The Constitutional Defense Council Act was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.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


ALEC’s model Constitutional Defense Council Act is designed to restore, maintain, and advance state sovereignty as established under the 10th Amendment of the United States Constitution. Key components of this bill include: a defense council, legal challenges and legislative challenges.

Model Legislation

Section 1. {Short Title.}

This act shall be known and may be cited as the Constitutional Defense Council Act Section 2. {Legislative findings and declarations.}

The legislatures finds and declares that:

(A) The Constitution of the United States of America envisions sovereign states and guarantees the states a republican form of government in which decisions are made by the elected representative of the people.

(B) The powers of the state and local government of {insert state} to better the lives of its citizens are being encroached upon by the federal government.

(C) With increasing and alarming frequency, important decisions, affecting individual lives that should be left to the states are being made by the federal government in Washington, D.C.

(D) Federal mandates are being imposed on the states without the accompanying tax dollars necessary to implement the mandated programs.

(E) The impact of federal mandates threatens the fiscal integrity of our State as well as our right of self-determination.

(F) The intent of this legislation is to restore, maintain, and advance State’s Sovereignty and authority over issues that affect the state and the well being of its citizens.

Section 3. {Members; Powers; Staff.}

(A) The defense council shall consist of the following members: {To be determined by State.}

(B) The Defense Council shall meet at times at the call of the chair.

(C) A majority of the membership on the defense council is required for a quorum to conduct council business. A majority of the quorum is required for any action taken by the Defense Council.

Section 4. {Powers & Duties.}

(A) The Council, in the name of the state or its citizens, may examine and challenge by legal action, legislation or any other legal means.

(1) Federal Mandates.
(2) Court Rulings.
(3) The Authority granted to, or assumed by, the federal government.
(4) Laws, regulations and practices of the federal government.
(5) Any other activity that is deemed appropriate by the Council.

Section 5. {Appropriations.}

(A) A council fund is established in the state treasury for deposit of appropriations, gifts, grants and other council monies. Monies in the Council fund are continuously appropriated.

(B) The sum of {insert amount} is appropriated from the state general fund in fiscal year {insert year} to the Constitutional Defense Council for the purpose provided in this act.

Section 6. {Severability Clause.}

Section 7. {Repealer Clause.}

Section 8. {Effective Date.}