Executive Order Review Process Act
| Model Bill Info | |
|---|---|
| Bill Title | Executive Order Review Process Act |
| Date Introduced | July 30, 2021 |
| Type | Model Policy |
| Status | Draft |
| Task Forces | Federalism and International Relations |
Executive Order Review Process Act
Be it enacted by the State Legislature:
Section 1.
- (1) The [Constitutional Defense Council, the State Attorney General, the Governor or other relevant entity] shall review certain executive orders by the President of the United States that are not affirmed by a vote of the United States Congress and signed into law as prescribed by the Constitution of the United States.
- (2) Upon review, the [Constitutional Defense Council or other relevant entity] may recommend to the Attorney General and the Governor that an executive order be further examined by the Attorney General to determine:
- a. The constitutionality of the executive order;
- b. Whether the state should seek to have the executive order declared to be an unconstitutional exercise of legislative authority by the President.
- (3) Notwithstanding any other provision of law, no state agency, political subdivision, elected or state official or employee, or official or employee of a political subdivision may implement a presidential executive order that is determined by the Attorney General to be unconstitutional under this section if the order relates to:
- a. A pandemic or other public health emergency;
- b. The regulation of natural resources;
- c. The regulation of the agriculture industry;
- d. The regulation of land use; or
- e. The regulation of the financial sector through the imposition of environmental, social, or governance standards.
