New Hampshire is not a sanctuary state for illegal aliens, and no cities or towns are either. It passed a law prohibiting the local enforcement of nutty anti-second Amendment rules emanating from the Biden administration. And now there is long-shot legislation to kick the EPA to the curb.
As introduced, HB1294 would prohibit the state of New Hampshire from enforcing Environmental Protection Agency regulations.
This bill states that the federal Environmental Protection Agency has no constitutional validity in this state, and requires that the New Hampshire department of environmental services provide for all environmental protection in this state.
For the sake of accuracy, this is correct. Like much of what exists inside the Beltway, EPA is an extraconstitutional entity, but mitigating its influence will not be as easy as passing HB 1294. The tyranny of indifference to bureaucrat despotism is not unlike the culture of insouciance related to election tampering. It is easier for people to live with the devil they know than to wrestle with the problem. HB1294 might as well abolish the Federal Department of Education.
Because the authority of the United States Environmental Protection Agency is not authorized by any article or amendment of the Constitution of the United States, all regulations imposed by the United States Environmental Protection Agency are void in New Hampshire. The state and it’s political subdivisions, including, but not limited to counties, cities, towns, precincts, water districts, school districts, school administrative units, or quasi-public entities, shall not engage in the enforcement of, or any collaboration with the Environmental Protection Agency. Furthermore, any requirements, mandates, recommendations, instructions, or guidance by the Environmental Protection Agency shall have no force of effect in New Hampshire.
A few observations about picking fights.
State Legislators’ role is to build barriers between unconstitutional overreach and local control. To protect their voters from the Feds and their State. In fact, someone should teach a class to people claiming to be Republicans about how to inform constituents who ask them to introduce bills about why it might not be the best thing. This would likewise aid them in explaining why they voted against bills with tentacles proposed by other legislators.
It is also their job to protect the locals from home-grown tyranny by using the state’s power to protect natural rights from local overreach.
Additionally, legislators must grasp whether a proposed bill – based on the balance of seats held by either party – will likely do more damage than good. A recent pro-life bill that has no chance of passing (while well-intentioned) packs the Democrat’s magazines on an issue Republicans have been struggling with at the ballot box. It is a good bill with a proper and moral purpose, aligned with party values – but with zero chance of passage, it is a landmine Republicans will have a hard time dodging come November.
Making New Hampshire a sanctuary state from gross federal overreach is always something that should be on the radar, but HB1294 is good for a few blog posts – perhaps a bit of spin in the national spotlight (applause from one side, scorn, and disbelief the other) but not much else. It is dead on arrival with some potential for a cameo role in the upcoming Democrat Produced Play – Republicans are nutty extremists.
That said, and with an appropriate number of political contacts and readers disenfranchised, I am also a big fan of going big or staying home. Democrats do that better, and I’m sure I’ve bitched about it a few hundred times. The Left is not afraid to throw a hail mary on every play. They show the deep ball and somehow get someone across the middle for a first down. They move the ball. Take points when they can.
But New Hampshire Republicans have been scoring points. They have incrementally expanded liberty in the Granite State with almost no majority to speak of despite lousy attendance. They removed regulatory barriers, lowered taxes, and made New Hampshire a beacon in the Northeast for businesses, occupations, and families. In small but great strides, the Dems will completely unravel the first day they have the majority and a Governor who will sing whatever they put on her desk.
I know. It sounds like I’m contradicting myself, but I am not. You have to know your audience and your odds. Dems do not tolerate absences on critical votes, but terrorizing your caucus doesn’t play on the right. Dems can go long on every play, even with a one-vote majority; Republicans can’t. Sorry, that’s just a fact. You’re not getting HB1294 through. And the pro-life bill isn’t going anywhere but into Dem campaign ads, and it could cost the GOP its majority unless leadership finds a way to thread the needle on messaging.
It can be done, and we’re here to help, but as much as I’d like New Hampshire to be a Sanctuary State from a long list of Federal agencies, this is not the legislative crowd to whom you should sing that song. But don’t toss it out. Save it for a different day. You might find yourself with a veto-proof majority as we did in 2011/2012, in which case, you still need to be careful about the long balls you throw but also be ready to throw a lot of them.