Model Legislation to Nullify Abortion5 min read

Introduction to Legislation

This is a draft of model legislation we would like to see introduced in every state. Please note, this may not be a final draft, it is yours to modify for your needs, and please be aware there is no guarantee that it fits the necessary standards of a proposal in your state.

It is a stepping stone, a tool, a place to start, and we strongly encourage your participation in making sure this happens. This piece of legislation will not sponsor, promote, and fight for itself.

The success of this initiative in your state will require the hard work, persistence, and dedication of team of people who want to see abortion ended and the Constitutional rights of your state upheld.

It should also be forewarned, that this legislation in of itself will not end abortion in your state. It only paves the road to rid the states of unconstitutional federal interference.

If you have suggestions or you plan on championing this legislation in your state, please contact us and let us know.

Credit

Based on model legislation provided by The Tenth Amendment Center.

A working copy of this legislation can be accessed via Google Documents (which also provides options to download in various formats.) If you would like to see the most recent changes please refer to the current Google Documents file located here.

Full Text of Abortion Nullification Proposed Legislation

AN ACT, which shall be known and may be cited as the “Sovereignty Over Life Act.[WORKING TITLE]”

To prevent infringement of the federal government over the right of the People of the State’ to regulate, permit, or prohibit the termination of human pregnancies from the moment of conception to birth.

THE PEOPLE OF THE STATE OF [NAME OF STATE] DO ENACT AS FOLLOWS:

SECTION 1. DEFINITIONS

1. From this point on, “abortion” refers to the act of terminating a human pregnancy from the moment of conception through the process of birth by any means.
2. From this point on, “the State,” and “State,” refer to the State of [NAME OF STATE]. [Modify this and all future references for Commonwealths if necessary]

SECTION 2. FINDINGS

The legislature of the State of [NAME OF STATE] finds that:

1. The 10th Amendment to the Constitution of the United States reads as follows, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
2. The Constitution of the United States does not delegate authority to the Federal government to permit, prohibit, or regulate abortion; nor to interfere or prohibit the enactment of laws by the states to permit, prohibit, or regulate abortion.
3. All federal acts, laws, orders, rules or regulations regarding prohibition, permission, or regulation of the termination of human pregnancies beginning at conception until natural death, including abortion, facilities that provide abortions, facilities that distribute substances with the purpose of inducing abortion, and the sale of substances that induce abortion, are a violation of the 10th Amendment of the United States Constitution.

SECTION 3. PROHIBITION ON PARTICIPATION IN FEDERAL VIOLATIONS OF THE TENTH AMENDMENT IN REGARDS TO ABORTION

1. The Legislature of the State of [NAME OF STATE] declares that all federal acts, laws, orders, rules, regulations—past, present or future—regarding regulation, permission, or prohibition of abortion are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers, and are hereby declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.
2. Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision acting in his or her official capacity, or corporation providing services on behalf of this state or a political subdivision of this state shall:

(1) Enforce any federal act, law, order, rule, or regulation of the federal government of the United States regarding the regulation or permission of abortion.

(2) Provide material support, participation or assistance in any form, with any federal agency or employee engaged in the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States regarding abortion, facilities that perform abortions in as so much as it concerns abortion, or facilities that provide substances that induce abortions in as so much as it regards the sale or distribution of abortion inducing substances within the limits of this State, or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States regarding abortion, facilities that perform abortions in as so much as it regards abortion, or facilities that provide substances that induce abortions in as so much as it regards the sale or distribution of substances that induce abortions within the limits of this State.

(3) Utilize any assets, state funds or funds allocated by the state to local entities on or after (DATE), in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States regarding abortion, facilities that perform abortions in regards to the act of abortion, or facilities that provide substances that induce abortions in regards to the sale or distribution of said substances within the limits of this State, or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States regarding abortion, facilities that perform abortions in regards to the act of abortion, or facilities that provide substances that induce abortions in regards to the sale or distribution of said substances within the limits of this State.

SECTION 4. PENALTIES

1. A political subdivision of this state may not receive state grant funds if the political subdivision adopts a rule, order, ordinance, or policy under which the political subdivision violates Section 2 of this Act. State grant funds for the political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the political subdivision has intentionally required actions which violate the prohibitions in Section 2 of this Act.
2. Any agent or employee of this state, or of any political subdivision of this state who knowingly violates the prohibitions in Section 2 of this act shall be deemed to have resigned any commission from the State of [NAME OF STATE] which he or she may possess, his or her office shall be deemed vacant, and he or she shall be forever thereafter ineligible to any office of trust, honor or emolument under the laws of this State.
3. Any corporation or person that provides services to or on behalf of this state and violates the prohibitions of Section 2 of this act shall be forever ineligible to act on behalf of, or provide services to, this state or any political subdivision of this state.

SECTION 5. SEVERABILITY

The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

SECTION 6. EFFECTIVE DATE

1. This act takes effect upon passage of this act by [popular vote of the People/the Legislature] of the State of [NAME OF STATE] in pursuance of the laws of the State of [NAME OF STATE].