Tennessee House Passes Bill to Establish Formal Review Process for Constitutionality of Presidential Orders

President Biden and the Tennessee Capital

The Tennessee House passed a bill Monday establishing a formal review process to check the constitutionality of presidential executive orders. However, the bill wasn’t passed in its entirety. An amendment¬†adopted to the original bill, introduced by State Representative Rick Eldridge (R-Morristown), removed the provision prohibiting any state agency, political subdivision, or elected or appointed official or employee from implementing any executive order that Tennessee’s Attorney General determined unconstitutional in relation to pandemics; public health emergencies; natural resource, land use, or financial sector regulations; or Second Amendment rights.

According to the legislation, the General Assembly Joint Government Operations Committee would review presidential executive orders at their discretion. Following their review, the Attorney General would then have the final say regarding the constitutionality of any presidential executive orders as reviewed by the General Assembly.

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