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HB813 • 2026

State of Mississippi; not required to recognize unconstitutional executive orders.

AN ACT TO PROVIDE THAT THE STATE OF MISSISSIPPI SHALL NOT BE REQUIRED TO COMPLY WITH OR RECOGNIZE ANY MANDATES, ORDERS, LAWS, DECREES OR DIRECTIVES HANDED DOWN BY THE UNITED STATES FEDERAL GOVERNMENT THAT USURPS THE SEPARATION OF POWERS BETWEEN STATE AND FEDERAL GOVERNMENT PURSUANT TO THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Eubanks
Last action
2026-02-03
Official status
Dead
Effective date
No Effecti

Plain English Breakdown

The bill did not pass, so its exact impact is uncertain.

Mississippi Does Not Have to Follow Certain Federal Orders

This bill says that Mississippi does not have to follow federal mandates or orders if they are considered unconstitutional and violate the separation of powers between state and federal governments.

What This Bill Does

  • Says Mississippi doesn't need to follow certain federal rules.
  • Does not require Mississippi to recognize or comply with orders it deems unconstitutional.

Who It Names or Affects

  • The State of Mississippi
  • Federal agencies whose mandates, orders, laws, decrees, or directives are deemed unconstitutional by the state

Terms To Know

Tenth Amendment
A part of the U.S. Constitution that says powers not given to the federal government belong to the states or the people.
Separation of Powers
The division of responsibilities among different branches of government to prevent any one branch from becoming too powerful.

Limits and Unknowns

  • This bill did not pass and has no effective date.
  • It does not specify which federal actions would be considered unconstitutional.
  • The exact impact on state-federal relations is unclear without further details or legal interpretation.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-16 Mississippi Legislative Bill Status System

    01/16 (H) Referred To State Affairs

Official Summary Text

State of Mississippi; not required to recognize unconstitutional executive orders.

Current Bill Text

Read the full stored bill text
H. B. No. 813 *HR26/R1465* ~ OFFICIAL ~ G1/2
26/HR26/R1465
PAGE 1 (MCL\KW)
ST: State of Mississippi; not required to
recognize unconstitutional executive orders.
To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Eubanks

HOUSE BILL NO. 813

AN ACT TO PROVIDE THAT THE STATE OF MISSISSIPPI SHALL NOT BE 1
REQUIRED TO COMPLY WITH OR RECOGNIZE ANY MANDATES, ORDERS, LAWS, 2
DECREES OR DIRECTIVES HANDED DOWN BY THE UNITED STATES FEDERAL 3
GOVERNMENT THAT USURPS THE SEPARATION OF POWERS BETWEEN STATE AND 4
FEDERAL GOVERNMENT PURSUANT TO THE TENTH AMENDMENT TO THE UNITED 5
STATES CONSTITUTION; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. The State of Mississippi shall not be required to 8
comply with or recognize any mandates, orders, laws, decrees or 9
directives handed down by the United States federal government 10
that usurps the separation of powers between state and federal 11
governments pursuant to the Tenth Amendment to the United States 12
Constitution. 13
SECTION 2. This act shall take effect and be in force from 14
and after July 1, 2026. 15
16