Senator Ralph Hise, ( District 47 -Madison, McDowell, Mitchell, Polk, Rutherford, Yancey) has introduced Joint Resolution 507:
... under the authority of Article V of the Constitution of the United States,
the North Carolina General Assembly has applied to the United States Congress to call a
convention of the states to amend the United States Constitution and adopt a countermand
amendment to authorize the states, upon a vote of three-fifths of the state legislatures, to nullify
and repeal a federal statute, executive order, judicial decision, regulatory decision by a federal
government agency, or government mandate imposed on the states by law that adversely affects
the interests of the states, in order to properly exercise the states' constitutional authority to
check federal power, preserve state sovereignty, and protect the rights of the states and the
That's right. Nullification refuses to die. And indeed, has grown to include allowing a call for a Constitutional Convention at any time to micromanage the nation's affairs just as NCGA likes to micromanage the business of North Carolina's municipalities and counties. Can you imagine a call to a constitutional convention every time a state takes a dislike to a judicial decision, or a new rule by the FAA or FTC, or an executive order? How could Wall Street function if every rule governing financial transactions was challenged and taken to a 50-state convention? What if fracking or off-shore drilling was put on hold until a states' convention could be held to challenge the environmental regulations imposed upon such drilling? The business of the nation would grind to a halt.
It strikes me that this is akin to adding another layer of government. The US Congress could enact a law. Even as that law was being challenged in the courts, 3/5s of the state legislatures could call up a convention to 'deform' that law. The states could wind up paying both for a legal challenge to a federal law and footing the bill of their delegates to a nation-wide states' convention at the same time. (If the convention was held in Florida in January, I may apply to be a delegate!)
I will yield to a Constitutional expert to tell us if Section 5 of the North Carolina Constitution pre-empts the passage of Sen Hise's resolution.
Sec. 5. Allegiance to the United States.
Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force.
This is another version of Republican actions to continually change the rules until they get what they want.