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A legislative proposal in South Dakota’s House of Representatives seeks to give the state’s attorney general the authority to review presidential executive orders and possibly nullify those deemed unconstitutional.

“State Rep. Aaron Aylward (R-Harrisburg) introduced HB 1194, which is described as an act ‘to authorize the review of certain executive orders issued by the President of the United States,'” the Daily Wire reported Monday.


The process starts with a review by the Executive Council of the Legislative Research Board, then a referral from the Council sent to the state attorney general and the governor, according to KELO.

“Once the referral has been made, the attorney general may examine the order to determine whether the state can seek an exemption or declare it unconstitutional,” the report continued:

The proposed bill would also allow the attorney general to block implementation of any order deemed unconstitutional if the order refers to:

  • 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
  • The regulation of the constitutional right to keep and bear arms

“This isn’t just a President [Joe] Biden issue but rather an overall executive overreach issue that we’ve been experiencing for a long time,” Aylward said.

 

read more here: https://www.breitbart.com/politics/2021/02/08/south-dakota-bill-aims-nullify-joe-bidens-executive-orders/

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    • Loenzo Gonzales

      The last time States went against each other 620,000 Soldiers died.  During the Civil War 11 Confederate States and 20 Union States fought.  I like to think the Union fought for the Constitution. It is understood the United States Military cannot be used to quell interenal fights, but the National Guard can.  I'm not sure if our National Guard would honor their first obligation which is to protect and defend the Constitution of the United States.  I would suspect a hell of a lot more people could die if the disagreement became a shooting war. And the esclation with other Countries joining in the fight would be mind bogging.  I believe our current situation where, the Biden Adminstration is in charge, this difference of opinion could become a shooting disagreement rather quickly.  Remember, Biden is most likely taking his orders from Soros and several other billionaires as well as China and Russia and probably South America and the Middle East.  The destruction of America has been the dream of Democrats and their foreign supporters for decades.

       

       

    • "Remember, Biden is most likely taking his orders from Soros and several other billionaires as well as China and Russia and probably South America and the Middle East. "

      Taking orders? Hell, I bet they pull the handle for him and stand ready with toilet paper in hand !

      Hand Holding Toilet Paper. Isolated On White Stock Photo ...

  • Good luck South Dakota!  I am not certain if it would work, but I certainly applaud you for trying  Just think what a benefit for the people and the economy of the US if they could actaully block Biden's orders.

  • Way to go. Pay attention Colorado.

  • Let the Red States organize an Anti-Commandeering Caucus...  its purpose to pursue peaceful means to restore LEGITIMATE FEDERAL GOVERNMENT to the UNION.  Have the Caucus prepare and serve a 'Writ Quo Warranto', on the US Supreme Court demanding the immediate removal of the fraudulent Administration of Joe Biden... and at the same time issue State criminal warrants for the arrest of the President and every member of his Administration, should they fail to resign per the writ.

    See: Article 4, Section 2, Clause 2... State's have a right to demand individuals committing felonies within their States be surrendered to the State for trial. Election fraud and treason are state crimes.  Let the several States press felony criminal charges based on the fraudulent usurpation of public office by the current Administration.

    If the Red State Caucus loses on these issues it can ratchet up its protests by nullifying the commission/authority of all federal agents, operating under usurped powers, within their respective state and demand they vacate or resign their illegitimate federal authority... Cite the 9th and 10th Amendments, as a fundamental right and power of each State to refuse recognition of a fraudulent federal government.  While walking thru these steps, the caucus should prepare the public for peaceful resistance to the illegal federal government. Pass State anti-commandeering legislation, designate all officers and agents of a Fraudulently installed Federal Government as persona non-grata, and deny them access to the public, using local police and judicial power to restrain them.  Cite the failure of the Federal Government to provide every State of the Union with a Republican form of Government per Article 4, Section 4 of the US Constitution.  A fraudulent election violates Article 4, Section 4.

    The several States have the Constitutional Power to challenge the authority of fraudulently installed officers of the Union... and the right to refuse Federal programs and the institutional authority of the Corporation of the United States of America... while it operates under usurped powers obtained thru fraud... the States have the power to insist on a legitimate federal government by right of their Constitutional contract with the Union. 

    The Question becomes... will the States defend theirs and their citizen's right to a legitimate federal government?  Pres. Trump needs to arrange a meeting of Red State Governors and legislative leaders to discuss forming a Caucus in Congress and nationally to engage Federal Overreach... Anti-Commandeering tactics, The use of Quo Warranto Writs to challenge fraudulently elected officials including Pres. Biden and other strategic and tactile issues to restore Constitutional Government and our Electoral System.  We must bring the RED STATS TOGETHER along with their local governments if we are to stop the Marxist from consolidating their hold on power.

    See: Quo Warranto Law and Legal Definition | USLegal, Inc. 

    Quo Warranto Law and Legal Definition | USLegal, Inc.
    Quo warranto is the legal term for a writ (order) used to challenge another's right to either public or corporate office or challenge the legality…
  • Biden has no idea who or where he is. He said he flew to his residence in Conneticut for a cople of days to see his Grandchildren and help Jill gather what they need and bring it to the " other house "  He is obviously getting worse. 

  • If I'm not mistaken, to amend the constitution one must follow the steps in Article V.  It is not an arbitrary thing which presidents or phoney presidents like biden can do with the stroke of a pen. So, a convention must be called by 2/3rd of both Houses. 

    • ONLY 6 more states are needed for the states to notify Congress to call a convention!

      If they try to table it, the states just may proceed anyway after notification, since Congress is not authorized to consent, but required to simply be notified  so they may set the date.

    • Wrong... 21 more states are needed.  See link below to the COS Map for the current status.

      There are only 13 states that have passed a resolution calling for a Convention of States in both Houses of their Legislatures per the COS website below...  It takes 34 states to call the convention. There are an additional 9 states that have passed the resolution in one House of their legislature, and 8 more considering a bill to call for a convention.

       The Constitution gives states the power to call a Convention of States to propose amendments. It takes 34 states to call the convention and 38 to ratify any amendments that are proposed. The full text of Article V reads:

      "The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate."

      There need to be 21 more states to call the Conventino not 6 ... where are you getting our information?  The convention of states is a long, long way from being approved.  The 13 States which have standing resolutions approved took nearly 8yrs and some are considering repealing their resolution.  It is a far stretch to think this is a viable route to Constitutional Reform if it continues as it has in the past.

      See: COSAction (conventionofstates.com)

      Convention of States Action
      Article V offers the only constitutional solution as big as the problem. Together, we can end federal overreach.
    • Hey! I read bad data. Whats the Internet coming to. I'll show you":

      States With Standing Calls for a Constitutional Convention (sweetli... Read with safety goggles.

       

      But according to the CoS site, 15 state resolutions are in hand, out of 34, so 19. But 6 is way off.

      Thanks for calling it out!

      Progress Map: States that have passed the Convention of States Arti...

      Some other states have backed off, but the CoS site remains upbeat likely due to current political events.

      States With Standing Calls for a Constitutional Convention
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