By Michael Lee, Washington Examiner
South Dakota’s Republican-controlled House is introducing legislation that would allow the state to nullify President Biden’s executive orders if it determines they are 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’s text reads.
The bill sets up a process for reviewing the president’s executive orders, which would be submitted to the governor and attorney general so that the attorney general could “determine whether the state should seek an exemption” from the order or have it “declared an unconstitutional exercise of legislative authority by the President.”
The bill targets orders that would “restrict a person’s rights,” specifically pointing to orders related to a “pandemic or other public health emergency” and “the regulation of the constitutional right to keep and bear arms,” among other topics.