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 ...
Why can’t they go further and fail to recognize the election, and any law that comes from DC until the election is audited?
Well the first thing is for this nation to pray, pray, pray, repent repent, repent. God knew as a country blessed by God Himself, that we would turn our backs on Him. God hears and answers prayer. . .Yes or No never maybe. May we turn from our wicked ways, seek His Face and follow His lead! Always remembering this world is not our home. https://www.thereishopeinjesus.com/
Good for them. I think states that have the pipeline should say fvk U Joe and sign a compact like the a-hole left did with Covid. The a-hole states unilaterally decided who should be prez so I think now states should just do whatever the fvk they want. This D.C. is dead to the republic.
It’s easier and more direct to recognize Biden is illegitimate and deem not to be obligated to follow any.
“The thing is Biteme is not the legitimate president so nothing he does is constitutional.”
Yes. Bottom line.
How many of the states that have the pipeline going through them have Republican legislators?? Maybe they can do the same it seems there are some Dems pretty pissed off about Biden shutting down the pipeline!!
If any federal government agency wants to do something in my state, a series of public hearings must be held. Why should that be ANY different for the Executive Branch?
Come out and meet the PEOPLE and we’ll all decide this thing together. Not just because your EO demanded it.
.....” nullification of ‘executive orders’ that are likely unconstitutional in the first place could be an entirely different question”.......
Would you please enlarge on this.
......”What if a State... 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?”......
Very interesting question.
Worth a try. Tie up the corrupt Biden DOJ leadership in lawsuits.
Resistance must come from the states. Some of them have already shown, with their harsh, unconstitutional orders during the covid hysteria, that they consider themselves to have powers to do pretty much anything. Now perhaps they can use them for the good.
If nothing else, challenging this rule by fiat would give a forum for questioning it. And if it leads to a confrontation, well, so be it.
Excellent. The Democrats - as usual - thought they could do this when a Republican was in the White House (sanctuary cities/states anyone?) and that it could never be done against them. Well, guess what.
Now, find sympathetic federal district court judges in circuits that are dominated by Republican appointees. Then sue and have the district court judge issue nationwide injunctions to prevent each and every one of Biden’s executive orders from being carried out. Since these cases are in circuits likely to be hostile to Biden, it will take a good long while for the cases to work their way up to the Supreme Court.
Oh, and of course get sympathetic federal prosecutors in say, Arkansas or Kansas or some other deeply red state to initiate politically motivated prosecutions against partisan Democrats.
Two can play at all these games. Its time the Democrats learn that.
“Resistance must come from the states. ... Now perhaps they can use them for the good.”
When states start doing this and resisting the tyranny, that’ll start the ball rolling for a soft secession. Decent people will migrate to those states, and the RATs can suck it in the s—thole remaining states.
They should do the same with the supporting “news” networks. Shut them off.
So what exactly does this mean? If, for example, Biden issues an executive order mandating that masks must be worn in all Federal buildings does the state of South Dakota say that they have the authority to say no, masks don't need to be worn in Federal buildings? I'm not seeing where this has any impact on anything.
“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.”
On what do you base your opinion?
I think that’s what will happen. On the other hand, the federales might get a bit annoyed and try to prevent it from happening, one way or another. And then I think we’d see the other kind of secession...
The States may be the last bastion between us and an out-of-control fed...
Only on anecdotal evidence such as this story and others. It may be just the beginning, or it may wane depending on how much the citizens hold their politicians accountable. We will see.
If North Dakota and Nebraska joined in this resistance, construction of the the last of the Keystone pipeline could theoretically continue. What would Sleepy Joe do? By the time the courts decided, the pipeline would be fait acompli. I doubt an army of federal agents would be very welcome and likely would receive little cooperation from local agencies. Send in federal troops... The Posse Comitatus Act specifically prevents US military forces from enforcing federal laws and domestic policy within the United States.
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