South Dakota Bill Aims to Nullify Joe Biden’s Executive Orders

President Joe Biden looks down as he talks about the FBI agents killed in Sunrise, Fla., during an event on immigration in the Oval Office of the White House, Tuesday, Feb. 2, 2021, in Washington. (AP Photo/Evan Vucci)
AP Photo/Evan Vucci

A legislative proposal in South Dakota’s House of Representatives seeks to give the state’s attorney general the authority to review presidential executive orders and possibly nullify those deemed unconstitutional.

“State Rep. Aaron Aylward (R-Harrisburg) introduced HB 1194, which is described as an act ‘to authorize the review of certain executive orders issued by the President of the United States,'” the Daily Wire reported Monday.

The process starts with a review by the Executive Council of the Legislative Research Board, then a referral from the Council sent to the state attorney general and the governor, according to KELO.

“Once the referral has been made, the attorney general may examine the order to determine whether the state can seek an exemption or declare it unconstitutional,” the report continued:

The proposed bill would also allow the attorney general to block implementation of any order deemed unconstitutional if the order refers 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
  • The regulation of the constitutional right to keep and bear arms

“This isn’t just a President [Joe] Biden issue but rather an overall executive overreach issue that we’ve been experiencing for a long time,” Aylward said.
“The U.S. Congress has abdicated their duty for a long time in different areas. This bill is simply setting up a process to nullify acts that would be unconstitutional. When looking at the U.S. Constitution, the President only has the powers that are laid out in Article II,” he added.

Meanwhile, the establishment media has attacked South Dakota Gov. Kristi Noem (R) for her handling of the coronavirus “particularly for allowing citizens to enjoy more freedoms and earn a living during the pandemic,” Breitbart News reported Thursday.

“She refused to impose draconian orders as other governors, such as Pennsylvania Gov. Tom Wolf (D) and New York Gov. Andrew Cuomo (D), have over the past year, shuttering ‘nonessential’ businesses and heavily restricting basic activities,” the outlet said.

Despite the criticism, Noem vowed in January that South Dakota would remain open as the country deals with another wave of coronavirus cases.

“For those who have spent the last nine months shut down or locked up in other states, South Dakota is open,” she said, adding, “We have stayed open the entire time, and that’s how we will operate for as long as I am governor.”


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