Posted on 02/08/2021 7:49:49 PM PST by SeekAndFind
A bill introduced in the South Dakota state legislature would grant the state’s attorney general the authority to determine whether President Joe Biden’s executive orders are constitutional and potentially nullify them at the state level.
The proposed legislation, which describes itself as an act to “authorize the review of certain executive orders issued by the President of the United States,” was sponsored by a group of 15 Republican lawmakers, including 2 state senators.
If passed as written, the bill would allow the Executive Board of the Legislative Research Council to review any executive order, which by nature requires no approval from Congress. Upon review, the Board may refer the order to the attorney general for further examination. The attorney general will then determine whether South Dakota should seek an exemption from the application of the order if deemed unconstitutional.
According to the latest version of the bill, South Dakota should be able to exempt itself from any law and order that “restricts a person’s rights” or that is determined by the attorney general to be unconstitutional if it falls into any of six specific categories. Those categories are laws related to a pandemic or other public health emergency; the regulation of natural resources; the regulation of the agricultural industry; the regulation of land use; the regulation of the financial sector through the imposition of environmental, social, or governance standards; and the regulation of the constitutional right to keep and bear arms.
The legislative effort to potentially exempt South Dakota from the president’s executive orders comes after the decision to end the $8 billion Keystone XL pipeline project, part of the Biden administration’s plan to address the “climate crisis.”
(Excerpt) Read more at theepochtimes.com ...
hmmm. nullification of federal laws has long since been decided. nullification of executive orders that are likely unconstitutional in the first place could be an entirely different question.
Exactly what is needed.
Should be fine - if Congress and a puppet president can make crap up, why shouldn’t the States challenge it?
Ping.
The thing is Biteme is not the legitimate president so nothing he does is constitutional.
We have entered a new era in our nation. Whereas previously, the states could have a more or less reasonable hope that the Supreme Court would protect their rights from Executive and Congressional overreach, such is the case no longer. The states may be waking up to the fact that no one is going to keep this country from becoming a dictatorship but us.
Well...this will go to SCOTUS to get slapped down. Interesting to see which state will be the first go against the autocrats in robes!
what is us going to do if the states can’t do anything? asking for a friend.
Hopefully, at least the whole Midwest nullifies Sleepy Joe’s anti-pipeline edict. Maybe they can take a cue from the Left and call it the “Sanctuary Pipeline.”
So true. Good comment. Go SD!
Rights are God given to humans. States rights don’t exist..
what is us going to do if the states can’t do anything? asking for a friend.>>> States can really do anything they want. First is the money handouts you will have to do without. Next might be some type of point of gun enforcement.
I’m lost.
EOs are administrative rules or process rules for the Executive Branch to enforce existing laws, they are not laws. Trump got shoot down a lot because he did not handle EOs correctly, there is an administrative process that has to be followed. Legislators including State Legislators pass laws, not the President. Many of Von Bindenburg’s (We are the new Wiemar Republic) are Kamala’s interpretations of how she wants existing law administered. Some of Biden’s EOs if challenged would die in court. What happens if a FIB agent tries to enforce a Federal Executive Branch EO (say on gun control), but the EO conflicts with State laws? Is the EO even enforceable? I believe the State would have a right to say piss off. But I am not a lawyer. What if a State like North Dakota said we are deporting any illegal aliens found inside our state lines. Could they deport them to say California? Obviously they cannot send them back to Mexico, but can they kick them out of the State. Put them on a Bus and drop them off in San Francisco? One thing I read and found interesting is that some States are looking into allowing the Keystone pipeline to be built State by State. The Federal Environmental studies have already been done and Keystone has already passed muster. So if say Montana tells Keystone you can build in Montana, under State laws can Von Bidenburg stop them? I am just asking, I really do not know the answer. The article was not clear on it.
Sounds like the assumption is the Feds could cut of the Fed dollars to the States. No so sure they can. I do believe Trump lost every case where he tried to restrict the flow of dollars to Illegal Alien Sanctuary States and cities.
States may ask its citizens NOT to pay Federal Income Taxes if the Federal Government threatens to hold back state share of Federal monies. States can take control of so called federal lands in their jurisdiction, and issue state permits to drill on “liberated” lands.
Most of the EO’s encroach into state powers. Since they are not actual law, they ought to tell mr biden where to put his signature.
well, that was my question as well. we fought a civil war (at last in part) over whether states could nullify federal law. it would be interesting to see what happened if states nullified an EO.
You know it’s just a matter of time.
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