HB395 Alabama 2023 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2023

Title

Relating to states' rights; to provide legislative findings; and to specify the sovereignty of the State of Alabama under the Tenth Amendment to the United States Constitution.

Summary

HB395 would affirm Alabama's sovereignty under the U.S. Constitution's Tenth Amendment and push back against federal overreach.

What This Bill Does

The bill states that federal power is limited to what the Constitution grants and reserves all other powers to the states. It declares that the people and the State of Alabama retain exclusive power to regulate Alabama, subject to due process and equal protections. It directs the Alabama Legislature to adopt measures to prevent enforcement of federal laws that infringe Alabama's sovereignty and to act against any overreach. It also says Congress and the federal government are prohibited from exercising any additional control over Alabama's rights and serves as a notice to cease such activities.

Who It Affects

• People living in Alabama, whose governance is framed as protecting state sovereignty and may affect how federal rules are applied within the state.
• The Alabama state government (the Legislature and state agencies), which would be responsible for implementing measures to defend sovereignty and for issuing notices to the federal government.

Key Provisions

• The federal power is limited to what the U.S. Constitution expressly grants, with all other powers reserved to the states.
• Alabama and its people retain exclusive regulatory power within the state, subject to due process and equal protections under the Fourteenth Amendment.
• The Legislature would adopt measures to prevent enforcement of federal laws or regulations that infringe on Alabama's sovereignty; the state seeks to prevent wrongful federal overreach within its borders.
• The act serves as a notice to the federal government to cease activities beyond enumerated powers and prohibits Congress and the federal government from further controlling Alabama's rights.
• Effective date: the act becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

States rights, to affirm Alabama's sovereignty under the Tenth Amendment of the U.S. Constitution