Legislation proposed in South Dakota seeks to nullify Presidential executive orders. HB 1194 was introduced in the South Dakota House of Repesentatives. It gives the state Attorney General the ability to review any executive order from Joe Biden (or any other President) that is deemed unconstitutional and exempt the state from compliance.
Introduced by State Rep. Aaron Aylward (R-Harrisburg), the focus of the bill is to “authorize the review of certain executive orders issued by the President of the United States.” Since an executive order by its very nature bypasses Congress, the Legislative Review Board would refer the executive order in question to AG Jason Ravnsborg to exempt South Dakota from it should it fall into the following categories:
- 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, or
- The regulation of the constitutional right to keep and bear arms
Which means if HB 1194 passes, the mask mandate would be flushed, the ban on the Keystone Pipeline, oil and gas leases, messing with South Dakota farmers or ranchers, and any bans on firearms would all be null and void in the State of South Dakota. You can bet your money that Democrats will throw a fit and take it to court.
The Keystone XL pipeline brought jobs to our state. Those jobs are gone, devastating individual families and small businesses across South Dakota.
— Governor Kristi Noem (@govkristinoem) February 4, 2021
Tragically, the highest day for nationwide COVID deaths was YESTERDAY. For comparison, South Dakota’s peak was two months ago.
Instead of giving the false hope that mask mandates or lockdowns can stop the virus, let’s focus on ramping up vaccinations to those who need them most. pic.twitter.com/nQJaIQPou8
— Governor Kristi Noem (@govkristinoem) February 5, 2021
South Dakota Governor Kristi Noem has been outspoken in her refusal to follow the crowd. She did not lock her state down and continues to allow them freedom to choose. That sentiment appears to flow through some of the legislators like Aaron Aylward in HB 1194:
This isn’t just a President Biden issue but rather an overall executive overreach issue that we’ve been experiencing for a long time. 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.
This pertains to our rights that are protected under the U.S. Constitution. If the President ordered a nationwide mask mandate, it would go against the power laid out in Article II, and it would also go against the protection of the rights that may lie underneath the 9th and 10th Amendments……it would give South Dakota much of its power back. Per the supremacy clause of the U.S. Constitution, the powers of the federal government need to line up with what is laid out in the document. ‘Which shall be made in pursuance thereof.’
Rep Aaron Aylward (Keloland)
Will this bill pass? It’s anyone’s guess at this point. Republicans hope it will because of the 10th Amendment granting States’ Sovereignty. But there are always those fools who think the government cares about them…and they do not.
“Protecting the rights of even the least individual among us is basically the only reason government has for even existing.”
— Governor Kristi Noem (@govkristinoem) February 6, 2021
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