New legislation in North Dakota would let the state ignore any executive orders given by President Biden if those orders go against the Constitution.
So, if President Biden issues an EO, the state’s attorney general may look at the order to determine if it follows the Constitution. After that, the state will decide if they should seek exemption from the EO or go against the order for constitutional reasons.
The new bill gives details of the orders it will seek to “nullify” in the event of constitutional oversteps, like “pandemics or other emergencies,” regulation of the state’s agriculture, any financial orders that relate to environmental standards, and “the regulation of the second amendment.”
In another bill, GOP State Rep. Sebastian Ertelt introduced another bill that would nullify any laws that breach the constitution. HB1282 would make a “Committee on Neutralization of Federal Laws” which would investigate the constitutionality of any federal mandate or law and, if found problematic, would continue to nullify it.
North Dakota is not the only state enacting these types of safeguards. South Dakota has also created a few of their own bills that do almost the same thing.
These new pieces of legislation will likely be challenged as unconstitutional themselves, with some pointing to the U.S. Constitution’s Supremacy Clause which says federal law will be the supreme law of the land.