South Dakota House bill would let state decide constitutionality of presidential executive orders, ignore ones deemed noncompliant

by Laura Mize · Feb 9th, 2021 10:11 am

Last Updated Feb 12th, 2021 at 12:45 am

A bill introduced by Republican members of the South Dakota House of Representatives would create a process for the state's attorney general to review presidential executive orders to determine whether they comply with the U.S. Constitution, and then effectively ignore those deemed to be unconstitutional.

"The Executive Board of the Legislative Research Council may review any executive order issued by the President of the United States, if the order has not been affirmed by a vote of the Congress of the United States and signed into law, as prescribed by the Constitution of the United States," the bill reads, in part.

After review of an order, the board can submit problematic orders to the governor and state AG to "determine whether the state should seek an exemption" from the presidential order in question, or declare it to be "an unconstitutional exercise of legislative authority by the President."

The bill highlights several categories of executive orders that seem to be of special concern, including those related to: "a pandemic or other public health emergency;" natural resource, land use, or agricultural regulation; the right to keep and bear arms; and financial regulation.


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