North Dakota § 54-03-32 - Review of presidential executive orders - Restriction

§ 54-03-32. Review of presidential executive orders - Restriction

1. The legislative management may review any executive order issued by the president of the United States which has not been affirmed by a vote of the Congress of the United States and signed into law as prescribed by the Constitution of the United States and recommend to the attorney general and the governor that the executive order be further reviewed. Upon recommendation from the legislative management, the attorney general shall review the executive order to determine the constitutionality of the order and whether the state should seek an exemption from the application of the order or seek to have the order declared to be an unconstitutional exercise of legislative authority by the president. 2. Notwithstanding any other provision of law, the state, a political subdivision, or any other publicly funded organization may not implement an executive order if the attorney general issues an opinion that the executive order unconstitutionally restricts a person's rights or has been found unconstitutional by a court of competent jurisdiction and the executive order relates to: a. Pandemics or other health emergencies; b. The regulation of natural resources, including coal and oil; c. The regulation of the agriculture industry; d. The use of land; e. The regulation of the financial sector as it relates to environmental, social, or governance standards; or f. The regulation of the constitutional right to keep and bear arms.