GOP-Controlled State Legislatives Balance Constitutionality of Presidential Executive Orders

Rep. Brian Seitz (R.Branson), will be entering his third session as the Missouri General Assembly convenes at Springfield on January 4. He is also sponsoring a bill which would require state legislators to examine and possibly disregard certain presidential executive orders.

His proposal would be House Bill 174The Missouri House must review any executive orders issued by the president that have not been approved by a Congressional vote in order to determine if they are valid. “they are, in fact, Constitutional,” Seitz shared his thoughts with The Epoch Times.

If the Missouri House has questions about the constitutionality of a presidential executive order, the bill requires it be referred to the state’s attorney general to determine if it “restricts a person’s constitutional rights.”

“I’m a firm believer in states’ rights, and am very concerned about losing our authority [as a legislature] to federal overreach,” Seitz said.

This would be applicable to any presidential executive orders that relate to “regulation of business activities or personal behaviors during a pandemic or other public health emergency,” The agricultural industry, natural resources, and land use are all examples. “the financial sector through the imposition of environmental, social, or governance [ESG] standards, and “the constitutional right to keep and bear arms.”

“There are three branches of the government—not one,” Seitz stated that if the measure is adopted, it will be a success. “would cover executive orders from presidents of either party.”

But make no mistake: The bill—along with Senate companions filed by Sen. Rick Brattin (R-Harrisonville)—is hardly bipartisan in genesis.

Since Democrat Joe Biden was sworn in as president in January 2021, similar bills have been introduced in at least nine other Republican-controlled state legislaturesAlabama, Utah Nebraska, South Dakota and South Dakota.

Although the Oklahoma and Tennessee bills were passed through committees, they did not make it to chamber votes in 2021.

American Legislative Exchange Council’s (ALEC), senior director for Homeland Security and International