Posted on 02/03/2021 2:52:19 PM PST by rxsid
THE RESISTANCE: North Dakota Legislators Plan To Nullify Biden’s Executive Orders At State Level
New legislation would mandate that the State of North Dakota ignore executive orders coming from the Biden administration that are unconstitutional
Republican legislators in North Dakota are taking a pro-active – and constitutional – step to push back against unconstitutional executive orders coming out of the Biden administration, and they are doing so with the power of the US Constitution in their corner.
A new bill introduced in the North Dakota State Legislature (HB1164), would instruct the state’s Attorney General to review the constitutionality of each of the executive orders issued by Joe Biden.
Under the proposed law, should the North Dakota Attorney General find that any executive orders are unlawful – or unconstitutional, the executive order would be “nullified,” it would prohibit any state, county, or local agency – or publicly funded organization – from enforcing the order(s).
The proposed legislation was introduced by State Rep. Tom Kading (R), and eight other Republicans in the North Dakota House.
Specifically, the proposed HB1164, enumerates the following issues for nullification:
Pandemics or other health emergencies
- The regulation of natural resources, including coal and oil
- The regulation of the agriculture industry
- The use of land
- The regulation of the financial sector as it relates to environmental, social, or governance standards
- The regulation of the constitutional right to keep and bear arms
Additionally, State Rep. Sebastian Ertelt (R), has introduced legislation that would affect the same fate to unconstitutional legislation coming out of the Federal Legislative Branch.
Ertelt’s HB1282 would create a “Committee on Neutralization of Federal Laws.”
This committee, comprised of state legislative leadership and their appointees, would recommend whether a given Federal law or regulation is unconstitutional. Should the committee find that a law or regulation is unconstitutional, the North Dakota Legislature would pass a concurrent resolution on whether to nullify the transgressing law or edict.
After the committee’s recommendation – and until the resolution is passed, state, county, and local agencies would be prohibited from enforcing the law or regulation.
These proposed laws are in a good position to be codified. North Dakota Republicans control the Senate 40 to 7, and the House 80 to 14.
South Dakota has legislation similar North Dakota’s HB1164 targeting Biden’s executive lawmaking.
South Dakota’s HB1194 sets up an executive board to review the constitutionality of all presidential executive orders. It lists the six issues laid out in the North Dakota legislation as well.
The South Dakota Legislature – as with the North Dakota Legislature – is dominated by Republicans; 32 to 3 in the Senate, and 62 to 8 in the House.
The United States Constitution’s Supremacy Clause enjoins each state to follow laws that are constitutionally sound and only on issues that the Constitution granted purview to the federal government to determine.
If the federal government – be it the Executive, Legislative, or the Judicial Branch – acts unconstitutionally, the individual states have a right to ignore the transgressing edict. This notion was championed by none other than the great champion of strong central government, Alexander Hamilton, in Federalist No. 33.
NH is now in Republican control.
We need to consider this move.
Wow! I could have sworn I put the source in the OP. I believe this is the first time I've done that. Yikes.
No, it's not my work.
Ping for later read
That's how it used to work back when we were a Constitutional Republic.
Wow 21 electoral votes? I do not think our new overlords will be concerned.
“President” Bidet’s controllers will probably threaten these states with cut-off of federal aid if they do not obey.
A journey of a thousand miles starts with one step. This has the potential to snowball into a big resistance movement.
A FULL SET OF BALLS
.By Faith, Moses...was his three months by his parents . they were not afraid of the king’s commandments.....Hebrews 11:23
....By Faith, he forsook Egypt, not fearing the wrath of the Pharaoh, ...SEEING HIM WHO IS INVISIBLE” Hebrews 11:27
Keystone should have kept going no matter what. We are here.
The life is in the blood.
No invasion here!!!
All of the energy producing states should form an energy consortium and drill, drill, drill and frack, frack, frack and if the Feds complain, give them a double barreled biker salute.
Just wait till they try out HR127 and see the states stick up their middle finger.
How long is this going to take though? Is it for show or are they really going to do it soon?
I said this Would happen the day mr biden signed the stack of EO’s. He barged into turf that is under state powers. They can tell him where to put those orders.
Cheers for North Dakota!!! We are not a dictatorship...yet.
Here is a petition for North Dakota to take action.
I signed it even though I don’t live there - can’t hurt.
https://www.dougburgum.com/energy-petition
You’re right — it has “potential,” but it must rely on the same conservatives that consider The Constitution some sort of magical token that will rise up of its own accord and slap down this Leftist administration while they (the Right) watches it on TV.
Remember, the Founders that we Americans so reverently quote were traitors to the British King! If — and that’s a very big “IF”, this North Dakota Resistance will of necessity need a lot of “Traitors.”
Are you willing to wear that title to your grave?
You know that may happen one day...this country is too big and too diverse to be run by one President, one Congress. I would like to see it divided in four long parts, each following the Constitution, BUT having the legal structure to make law specifically pertaining to their own strengths and weaknesses. One overall President and Congress, but maybe each segment having their own Vice President and their own law making entity. Certainly no borders between each, but more specific legislation for each segments’ needs. I feel some segments of the nation don’t get adequate representation...some states too small, some too large, some states mainly Dems, some mainly Republican, thus the majority in each state rules. With four long segments of the country there might be better representation. Hey, I’m an old coot, what do I know?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.