Biden is getting backlash from republicans because they want to block executive orders through a bill they wish to sponsor. Most of the orders are seen as ill-advised and not acceptable for many states.
The new president has signed many orders that do not sit well with many states from the first week in office, especially those with a lot to lose and afraid the orders will do more harm than good.
South Dakota GOP pushes back
The South Dakota Republicans are keen on using the legislature to protect the state's interests from Joe Biden's orders. Given their power to introduce bills, they want to provide the state's attorney general power to decide how legal orders are. The state AG will determine if the order is constitutional. If not, then throw it out it at the state level, reported the Epoch Times.
One example is the Keystone XL pipeline project with one executive order from Biden and many lost jobs. This also affected the oil industry in Montana and South Dakota, which could have benefitted from it.
The proposed process to examine orders
According to the structure of the proposed legislation, an order can be authrozied to review before they are implemented. It will be a check and balance to censor all orders from the Oval Office, sponsored by 15 Republican lawmakers and two state senators.
Should it become a law that gives the Executive Board of the Legislative Research Council power to go over the executive orders, it can be done. Congress has no jurisdiction or cannot interfere if it goes against some interests.
After this state body is done, then the state attorney general will be the final check. If it fails his examination, South Dakota will opt not to accept if high unconstitutional. This process will ensure any non-beneficial presidential orders are not implemented.
Additions to the new bill
More was added to the legislature, emphasizing that South Dakota limits any law that lessens a person's civil rights. Another is for the AG to see if an order is intentionally unconstitutional and placed in six specific types of circumstances.
These are pandemic or health-related, regulatory or natural resources, control of agriculture, land-use rules, control of the financial sector through the environment, social, government standards, and owning firearms as a fundamental right.
All presidential orders will not be accepted if they violate any of these categories specified by the bill.
Biden's Green Deal and the Keystone XL pipeline project
One of the end goals is to exempt South Dakota from the effects of the president's executive order to shut down the $8 billion Keystone XL pipeline project. The administration calls it a measure to deal with climate change.
If it were to be restarted, it would stretch 1,200 miles to Pass South Dakota and have 830,000 barrels of oil per day. The oil will be flowing from Alberta, Canada, Nebraska up to refineries in the Gulf Coast. But the Biden administration is willing to trade everything for green energy.
In the GOP, Gov. Kristi Noem called the executive orders that included closing the pipeline as wrong. It will not be suitable for energy and the environment. This was one of the election issues that Biden never answered directly.
Related article: State Attorneys General Remind Biden Any Unconstitutional Actions Will Not Go Unchallenged
