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HB 1236 - Establishes Presidential Executive Orders as Unconstitutional - Oklahoma Key Vote

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Title: Establishes Presidential Executive Orders as Unconstitutional

Vote Smart's Synopsis:

Vote to pass a bill that establishes presidential executive orders as unconstitutional.



  • Authorizes the legislature to review any executive order issued by the President of the United States, federal agency rule, or federal congressional action to determine the constitutionality of such action (Sec. 1.A).

  • Authorizes the Attorney General to review such action by the federal government to determine the constitutionality of the action and whether the state should seek an exemption from the application of the action or seek to have the action declared unconstitutional if the legislature recommends it (Sec. 1.A).

  • Specifies if the Attorney General declines to pursue action based upon the determination of the Legislature, the Legislature may declare the action unconstitutional by a majority vote (Sec. 1.B).

  • Specifies unconstitutionality may relate to all of the following (Sec. 1.C):

    • Pandemics or other health emergencies;

    • The regulation of natural resources, including oil and natural gas;

    • The regulation of the agriculture industry;

    • The use of land;

    • The regulation of the financial sector as it relates to environmental, social or governance standards;

    • The regulation of the constitutional right to keep and bear arms;

    • The regulation of education;

    • The regulation of interscholastic, intramural or other extracurricular sports sponsored by an institution of higher education, a school district or a charter school; or

    • Any other powers reserved by the State of Oklahoma or the people of Oklahoma.

Title: Establishes Presidential Executive Orders as Unconstitutional