THE RESISTANCE: North Dakota Legislators Plan To Nullify Biden’s Executive Orders At State Level

[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.

[rxsid]

North Dakota is one of the most RED states there are.

Top 5 states with the longest running Republican "trifecta's" for state run government (Governor, state senate and state reps):

Utah - Republican trifecta since 1985
Idaho - Republican trifecta since 1995
North Dakota - Republican trifecta since 1995
South Dakota - Republican trifecta since 1995
Nebraska - Republican trifecta since 1999

[rxsid]

Ping.

THE RESISTANCE: North Dakota Legislators Plan To Nullify Biden’s Executive Orders At State Level

[ProtectOurFreedom]

Thanks for posting. There is a great related article about this "nullification" strategy yesterday on American Thinker. I highly recommend it as companion reading to this piece: "The Fight That Lies Between Status Quo and Secession."

It is WONDERFUL seeing ND planning this resistance already. I hope my own Idaho promptly follows suit.

[cockroach_magoo]

All states that rely on oil production, plus Alberta, should secede and create a new union.

East US and West US can figure out what they want to do. I really don’t care.

[Fiddlstix]

WTG!
North Dakota!

[ProtectOurFreedom]

The Dems have pursued their own nullification of laws they don’t like for so long this is an obvious strategy to beat them at their own game.

[max americana]

“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.”

My uncle works/lives close to Sturgis. He joked that even if your name is satan, as long as you’re a Republican, they’ll vote for you.

[max americana]

“All states that rely on oil production, plus Alberta”

as a former British Columbian, I’m still a member of the western separatist movement for AB and BC to secede. Unlike here in America with Texas, that secession movement has been active for many years in canada. Western canadians in general, do NOT like being told what to do by Quebec and the francophonies..

[livius]

That’s how it’s got to happen...resistance from the states. They have the authority.

Biden is shutting down the whole country, and they have every right to defend themselves under our Constitution.

[microgood]

Nice thought but I thought (besides FDR) that executive orders at the Federal level only apply to Federal employees and Agencies.

[CheshireTheCat]

I’m thinking of driving through N.D. later in the year on a trip I am taking and this makes me think even harder.

Does anyone have any advice on what route to take and things to see?

Thanks in advance.

[yukong]

I hope Oklahoma follows suit....In the State House, the Republicans hold the majority, increasing seats in the 2020 election to 82-19. In the Senate, the GOP holds the majority at 38-9. And of course the Governor is Republican.

[RBW in PA]

Good for them! People are pissed and need to fight back at all levels and use every option available.

[ProtectOurFreedom]

I just sent the article (with a bit of shortening) to my two representatives and one Senator in the Idaho legislature urging them to lead in Idaho on adopting the ND and SD nullification strategy. I also included a link to the American Thinker article “The Fight That Lies Between Status Quo and Secession” so they can read up on the strategy.

Thanks for posting this. Is it your work?

[Chickensoup]

What about ignoring the pipe line EOs?

[ProtectOurFreedom]

“He joked that even if your name is satan, as long as you’re a Republican, they’ll vote for you.”

I get the point, but that joke only works for devil-worshipping Democrats, NOT for Republicans.

[max americana]

It’s open-carry legal in OK, correct?

[cockroach_magoo]

Thanks for responding with your personal experience. You know much more about BC’s position than I do.

I’m confident Alberta would join a hypothetical secession of Texas northward, and I think everyone would benefit from that arrangement. I wouldn’t expect BC to join, but that’s based on my brief experience in Vancouver. If BC wants in, great! More options for oil export.

[Regulator]

There are what, 30 Republican states?

All of them should be going apeshit right about now.

42 EOs?

The Rats were turning the country upside down over 5 EO’s from Trump.

[GOP Poet]

Love it!!