Tom Kading, a Republican senator in North Dakota’s state government, introduced a bill in January which would instruct the state’s attorney general to determine the constitutionality of every executive order (EO) signed by president Joe Biden.   The bill passed the state’s house on February 11th with overwhelming support of 79-13. It is currently being considered in North Dakota’s senate and, if passed, will be sent to governor Doug Burgum’s desk to be signed into law.  

House Bill No. 1164 would specifically target executive orders relating to the use of land, regulations on agriculture, regulations on natural resources such as oil and coal, regulations on finance, pandemics or other health emergencies, and the constitutional right to keep and bear arms.   More specifically, North Dakota would review legislation directly impacting the Keystone XL pipeline, mask mandates, lock downs, federal gun control laws, and federal land grabs from the Bureau of Land Management (BLM).  

Each state has the right to reject unconstitutional laws coming from the federal government and this bill is emblematic of the fact that many states are not going to allow an out-of-control executive branch to usurp their constitutional rights, especially if Biden packs the Supreme Court with far-left ‘living document’ judges.   “The United States Constitution’s Supremacy Clause enjoins each state to follow laws that are constitutionally sound and only on issues that the Constitution granted purview to the federal government to determine,” writes the National File.  

In South Dakota, House Bill 1194 would do the exact same thing, even targeting the same areas of gun rights, pandemics, and natural resources and has passed both the state house and senate.   Both bills are likely to become law in a short time as each state legislature is overwhelmingly Republican, as are both governors. In South Dakota, Republicans dominate 32 to 3 in the senate and 62 to 8 in the house.