South Dakota legislation to nullify Biden executive orders

[rlvaughn]

South Dakota GOP introduces legislation that would allow state to nullify Biden executive orders

“The Executive Board of the Legislative Research Council may review any executive order issued by the President of the United States, if the order has not been affirmed by a vote of the Congress of the United States and signed into law, as prescribed by the Constitution of the United States.”

Bill text

 

[SGO]

Then they, if not just to show their displeasure towards President Biden, should begin reviewing all presidential executive orders which have not been signed into law beginning:

Executive Orders by President, Average Per Years in Office
President Term Total Orders Avg/Year Yrs in Office EO Number Range
George Washington (F) Total 8 1 7.85 unnumbered
John Adams (F)
Total

1 0.25 4.00 unnumbered
Thomas Jefferson (D-R) Total 4 0.50 8.00 unnumbered
James Madison (D-R)
Total

1 0.13 8.00 unnumbered
James Monroe (D-R) Total 1 0.13 8.00 unnumbered
John Quincy Adams (D-R)
Total

3 0.75 4.00 unnumbered
Andrew Jackson (D) Total 12 1.5 8.00 unnumbered
Martin van Buren (D)
Total

10 2.5 4.00 unnumbered
William Henry Harrison (W) Total 0 0 0.08 unnumbered
John Tyler (W)
Total

17 4.3 3.92 unnumbered
James K. Polk (D) Total 18 4.5 4.00 unnumbered
Zachary Taylor (W) Total 5 3.7 1.35 unnumbered
Millard Fillmore (W) Total 12 4.5 2.65 unnumbered
Franklin Pierce (D)
Total

35 9 4.00 unnumbered
James Buchanan (D) Total 16 4 4.00 unnumbered
Abraham Lincoln (R)
Total

48 12 4.12 unnumbered
Andrew Johnson (D) Total 79 20 3.89 unnumbered
Ulysses S. Grant (R)
Total

217 27 8.00 unnumbered
Rutherford B. Hayes (R) Total 92 23 4.00 unnumbered
James Garfield (R) Total 6 11 0.55 unnumbered
Chester Arthur (R) Total 96 28 3.46 unnumbered
Grover Cleveland - I (D)
Total

113 28 4.00 unnumbered
Benjamin Harrison (R) Total 143 36 4.00 unnumbered
Grover Cleveland - II (D)
Total

140 35 4.00 unnumbered
William McKinley (R) Total 185 41 4.53 unnumbered
Theodore Roosevelt (R)
Total

1,081 145 7.47
William Howard Taft (R) Total 724 181 4.00
Woodrow Wilson (D)
Total

1,803 225 8.00
Warren G. Harding (R) Total 522 217 2.41
Calvin Coolidge (R)
Total

1,203 215 5.59
Herbert Hoover (R) Total 968 242 4.00 5075 - 6070
Franklin D. Roosevelt (D)
Total

3,721 307 12.12 6071 - 9537
Harry S. Truman (D) Total 907 117 7.78 9538 - 10431
I 504 133 3.78 9538 - 10029
II 403 101 4.00 10030 - 10431
Dwight D. Eisenhower (R)
Total

484 61 8.00 10432 - 10913
I 266 67 4.00 10432 - 10695-A
II 218 55 4.00 10696 - 10913
John F. Kennedy (D) Total 214 75 2.84 10914 - 11127
Lyndon B. Johnson (D)
Total

325 63 5.17 11128 - 11451
Richard Nixon (R) Total 346 62 5.55 11452 - 11797
I 247 62 4.00 11452 - 11698
II 99 64 1.55 11699 - 11797
Gerald R. Ford (R)
Total

169 69 2.45 11798 - 11966
Jimmy Carter (D) Total 320 80 4.00 11967 - 12286
Ronald Reagan (R)
Total

381 48 8.00 12287 - 12667
I 213 53 4.00 12287 - 12499
II 168 42 4.00 12500 - 12667
George Bush (R) Total 166 42 4.00 12668 - 12833
William J. Clinton (D)
Total

364 46 8.00 12834 - 13197
I 200 50 4.00 12834 - 13033
II 164 41 4.00 13034 - 13197
George W. Bush (R) Total 291 36 8.00 13198 - 13488
I 173 43 4.00 13198 - 13370
II 118 30 4.00 13371 - 13488
Barack Obama (D)
Total

276 35 8.00 13489 - 13764
I 147 37 4.00 13489 - 13635
II 129 32 4.00 13636 - 13764
Donald J. Trump (R)
Total

220

55 4.00 13765 - 13984
Joseph R. Biden (D) Total 29 -- -- 13985 - 14013
Note: EO averages are usually updated monthly following the 20th day of the month to recompute average per year. Orders issued between updates can be accessed here on the Executive Orders page

KEY: D: Democrat; R: Republican; D-R: Democratic-Republican; F: Federalist; W: Whig


Executive Orders | The American Presidency Project

 

[rlvaughn]

Then they, if not just to show their displeasure towards President Biden, should begin reviewing all presidential executive orders which have not been signed into law beginning:

Presidential executive orders are not necessarily unconstitutional. However, they should, to be constitutional, be an execution of law rather than making of it.

I expect, but don't know, that the background behind this in SD is Covid-19 restrictions that they think might be put in place by the President. President Biden has already waffled on this before the election, first touting what all he would do right if he were President, then back-tracking saying some of that probably was not in the President's authority.

Whether Democrat, Republican, Independent, or what not, U. S. Presidents should not use the Executive Order to bypass and create laws that they wish Congress would make. This has been a problem for quite some time, and did not start with Joe Biden. However, it does appear he is moving at a pretty fast rate with them. Nevertheless, the ones that are execution of laws on the books come under his authority as President.

 

[JonC]

Presidential executive orders are not necessarily unconstitutional. However, they should, to be constitutional, be an execution of law rather than making of it.

I expect, but don't know, that the background behind this in SD is Covid-19 restrictions that they think might be put in place by the President. President Biden has already waffled on this before the election, first touting what all he would do right if he were President, then back-tracking saying some of that probably was not in the President's authority.

Whether Democrat, Republican, Independent, or what not, U. S. Presidents should not use the Executive Order to bypass and create laws that they wish Congress would make. This has been a problem for quite some time, and did not start with Joe Biden. However, it does appear he is moving at a pretty fast rate with them. Nevertheless, the ones that are execution of laws on the books come under his authority as President.

So I take it if a state "nullifies" (i.e., chooses to ignore) an executive order then it is pushed to the courts to determine constitutionality?

 

[rlvaughn]

So I take it if a state "nullifies" (i.e., chooses to ignore) an executive order then it is pushed to the courts to determine constitutionality?

Yes, I would think that will be what will happen.

 

[SGO]

If they want to stop Biden open up the voting machines.
Why is there no popular movement to do so spearheaded by the GOP?
Ooops. Then we'd really find out how many elections have been lost.

 

[Scott Downey]

If they want to stop Biden open up the voting machines.
Why is there no popular movement to do so spearheaded by the GOP?
Ooops. Then we'd really find out how many elections have been lost.

Imagine a recall election for POTUS