Bill > S2727

Introduced Session

This bill would establish the "New Jersey Sovereignty Act." The Trump administration has undertaken unprecedented and egregious actions in an effort to expand and consolidate executive power. These actions include abuses of the president's authority to deploy the National Guard by using that military force against the citizens of this country, the violation of due process rights to implement a mass-deportation policy, threats and attempts to freeze or claw back federal appropriations, the targeting of political opponents and critics, attempts to weaken democratic institutions by undermining election integrity, attacks on the legitimacy of the courts and judicial decisions, and seeking to interfere with state policies such as the Gateway Tunnel project. The actions taken by the Trump administration undermine and threaten this State's sovereignty and therefore must be resisted wherever possible. The Tenth Amendment to the Constitution provides "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." United States Supreme Court cases rooted in the Tenth Amendment have developed the "Anti-Commandeering Doctrine." Under the Anti-Commandeering Doctrine, the federal government cannot infringe upon State sovereignty by compelling states, or a state or local government officer, to enforce the provisions of federal regulatory programs. It is critically important that this State assert its sovereignty, resist unlawful attempts by the federal government to commandeer State and local officials for its own purposes, and ensure that the citizens of this State are protected from federal abuses of power whenever possible. The bill would restrict deployment of the New Jersey National Guard into active duty combat unless the United States Congress has passed an official declaration of war or has taken an official action pursuant to the United States Constitution to explicitly call forth the National Guard for the purposes to expressly execute the laws of the union, repel an invasion, or suppress an insurrection. The bill also codifies in State law portions of federal law which authorize the President to call the National Guard into federal service when (1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation; (2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or (3) the President is unable with the regular forces to execute the laws of the United States. The bill further incorporates the historical understanding of these provisions, as stated by federal courts in recent challenges to the federalization of the National Guard in various states, into the explicit text of the statute. Based on this historical understanding, it has been found that the current use of the National Guard in certain cities across the country exceeds the constitutional authority of the President. The bill would prohibit State, county, or local law enforcement agencies, officials, or employees from providing certain types of assistance to federal authorities unless expressly authorized by law or as permitted by the Attorney General or the Governor. The bill would also require that whenever a State or local government entity, or an officer or employee of a State or local government entity, receives an order or request to cooperate, participate, or facilitate in any action being taken by the federal government, that request must be immediately reported to the Office of the Attorney General and no action may be taken until approval to do so has been received from the Office of the Attorney General. The bill requires that, within 180 days of the effective date of this bill, the Office of the Attorney General prepare and disseminate guidance and training materials related to the provisions of this bill, as well as the principles of the Anti-Commandeering Doctrine, to all State, county, or local law enforcement agencies. Any costs incurred by county or local law enforcement agencies for such training will be reimbursed by the State. The Office of the Attorney General would also be required to: (1) develop a system to receive any reports prepared pursuant to the provisions of this bill and to provide guidance to the reporting State or local government entity, or officer or employee of such entity, in as expedient a manner as may be practicable; (2) regularly inform all State and local government entities regarding how they may make reports; and (3) prepare and disseminate guidance and training materials to all State and local government entities and ensure that all such entities administer the training materials to all of its officers and employees and confirm compliance with this program on an annual basis. All State, county, and local law enforcement agencies would have to provide for the training of its officers and employees on the materials developed by the Office of the Attorney General and certify that all required officers and employees have completed the training within 180 days of receiving the training materials and on an annual basis thereafter. Any costs incurred by local government agencies for such training will be reimbursed by the State. Finally, the bill specifies that the Legislature may, by concurrent resolution, express its belief that a policy, rule, regulation, or directive of the federal government, or any department, agency, or employee thereof, would result in the unlawful commandeering of State or local government officers to enforce the provisions of federal regulatory programs, in violation of the Tenth Amendment to the United States Constitution. The Legislature may then send this resolution the Attorney General and, if the Attorney General concurs, the Attorney General will investigate, issue guidance to State and local officers, and undertake any legal action as may be necessary to defend the State from federal overreach.

AI Summary

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Britnee Timberlake (D)*, 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 01/13/2026)

Official Document