The National Archives reports that North Dakota lawmakers plan to repeal Biden‘s executive order at the state level
New lawmakers will ask North Dakota to ignore unconstitutional executive orders issued by the Biden Administration, the report said.
North Dakota’s Republican lawmakers are taking aggressive and constitutional steps to push back against the unconstitutional executive orders issued by the Biden administration. And they are doing so under the authority of the U.S. Constitution.
A new bill (HB 1164) filed in the North Dakota Legislature would direct the state Attorney General to review the constitutionality of every executive order issued by Biden.
Under the proposed law, if the North Dakota Attorney General finds any executive order to be unlawful or unconstitutional, the executive order would be “rescinded” and it would prohibit any state, county, local agency or publicly funded organization from enforcing the order.
The proposed legislation was introduced by state Rep. Tom Kading (R) and eight other Republicans in the North Dakota House of Representatives.
Specifically, proposed HB1164, lists the following issues to be repealed.
Pandemics or other health emergencies
Regulation of natural resources, including coal and oil
Regulation of the agricultural industry
Land use
Financial sector regulation related to environmental, social or governance standards
Regulation of the constitutional right to keep and bear arms.
In addition, State Representative Sebastian Ertelt (R) has introduced a bill that would have the same impact on unconstitutional legislation in the federal legislature.
Ertelt’s bill, HB 1282, would create a “Federal Commission on Legal Neutrality.
The commission would be composed of the state legislative leadership and its appointees and would make recommendations on whether a federal law or regulation is unconstitutional. If the commission finds a law or regulation unconstitutional, the North Dakota Legislature would pass a concurrent resolution on whether to repeal the offending law or regulation.
Following a recommendation by the Commission, state, county and local agencies would be prohibited from enforcing the law or statute until the resolution is adopted.
These proposed laws are in a favorable position for codification. North Dakota Republicans control the Senate, 40-7, and the House, 80-14.
In response to Biden’s executive legislation, South Dakota has legislation similar to North Dakota’s HB1164.
South Dakota’s HB 1194 creates an executive committee to review the constitutionality of all presidential executive orders. It also lists six issues set forth in the North Dakota legislation.
Like the North Dakota legislature, the South Dakota legislature is dominated by Republicans; it is 32-3 in the Senate and 62-8 in the House.
The Supremacy Clause of the U.S. Constitution obligates the states to follow laws that are consistent with the Constitution and only on issues that the Constitution gives the federal government the power to decide.
If the federal government – whether the executive, legislative or judicial branches – acts unconstitutionally, then the states have the right to ignore the unconstitutional statute. This concept was advocated by Alexander Hamilton, the great champion of a strong central government, in Federalist No. 33.
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