Draft Executive Review Process Amendments

Summary

This model policy requires the State’s Constitutional Defense Council (or other relevant entity), the State Attorney General or the Governor to monitor and evaluate executive orders by the President of the United States determine if such actions are in violation of the foundational principles of federalism enshrined and codified in the Tenth Amendment of the United States Constitution.

Draft Executive Review Process Amendments

Policy

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.