Tennessee Legislators Propose Empowering General Assembly to Scrutinize Presidential Executive Orders for Constitutionality

Several state representatives and senators have proposed a bill to review the constitutionality of presidential executive orders. According to the bills, if Congress doesn’t affirm an executive order and isn’t signed into law, then the joint government operations committee of Tennessee’s General Assembly would review whether the order overextends its scope of authority. Upon concluding their review, the committee would decide whether to recommend the Tennessee Attorney General and Governor to reexamine or seek an exemption from the order.

Additionally, the bill proposed that no state agency, political subdivision, elected officials, or government employees could enforce the order if the Tennessee Attorney General determines it is unconstitutional. That portion of the proposed bill would specifically apply to orders concerning pandemics or public health emergencies; natural resource regulations; agricultural industry regulations; land use regulations; financial regulations concerning environmental, social, or governance standards; and Second Amendment regulations. 
Additionally, the bill proposed that no state agency, political subdivision, elected officials, or government employees could enforce the order if the Tennessee Attorney General determines it is unconstitutional. That portion of the proposed bill would specifically apply to orders concerning pandemics or public health emergencies; natural resource regulations; agricultural industry regulations; land use regulations; financial regulations concerning environmental, social, or governance standards; and Second Amendment regulations. 
Additionally, the bill proposed that no state agency, political subdivision, elected officials, or government employees could enforce the order if the Tennessee Attorney General determines it is unconstitutional. That portion of the proposed bill would specifically apply to orders concerning pandemics or public health emergencies; natural resource regulations; agricultural industry regulations; land use regulations; financial regulations concerning environmental, social, or governance standards; and Second Amendment regulations. 

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