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authorize the review of certain executive orders issued by the President of the United States.
South Dakota's Legislative Research Council Executive Board can now review presidential executive orders that Congress hasn't approved and recommend to the state attorney general whether to challenge them in court. State agencies and officials are prohibited from implementing executive orders that restrict rights or are deemed unconstitutional if they involve pandemics, natural resources, agriculture, land use, environmental banking standards, or gun rights. This creates a new state-level review process for federal executive actions in these specific policy areas.
provide procedures to enforce the United States Constitution.
South Dakota creates a new Joint Legislative Committee on Constitutional Enforcement to review federal laws, regulations, executive orders, and court decisions to determine whether they exceed the powers the U.S. Constitution actually grants to the federal government. The committee will assess whether federal actions violate the Constitution's limits on federal power or infringe on state sovereignty. This is a new process for the state legislature to formally challenge federal actions it deems unconstitutional.