South Dakota Considers Failure to Enforce Biden Orders

A bill has been introduced in the Republican-controlled South Dakota House of Representatives to revoke President Joe Biden’s decrees if the state deems them unconstitutional.

Under the bill, the executive branch of the Legislative Research Council “may consider any decree of the President of the United States, unless the decree was approved by a vote in Congress and received the force of law as prescribed by the United States Constitution.”

The bill establishes a process for reviewing presidential decrees that will be forwarded to the governor and the attorney general so that the attorney general can “decide whether the state should seek release” from the executive order or “declare it unconstitutional by the president of the legislature.”

The bill is directed against decrees that “restrict individual rights”, in particular, related to “pandemic or other health emergencies”, as well as “regulation of the constitutional right to keep and carry weapons” and other issues.

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