Legislation Seeks to Void US President’s Executive Orders

February 17, 2024

Update: this bill did not pass through the funnel on February 16, 2024, and is unlikely to move forward this legislative session.

Iowa Legislator Seeks to Void US President’s Executive Orders

The President of the United States uses executive orders to manage the operations of the executive branch of federal government.  Those executive orders impact how citizens, businesses, and state and local governments interact with the federal government and its agencies.  Executive orders are not laws passed by the United States House and Senate.

In a bill recently introduced in the Senate (bill number SF2032), a committee of the Iowa legislature would be allowed to ask Iowa's attorney general to determine if a President's executive order is unconstitutional.  The attorney general can determine if the state should seek an exemption from the executive order or if it should seek to have the order declared an unconstitutional exercise of legislative authority by the president.  

This bill should not be passed!

Iowa capitol

What you can do - This bill has been assigned a subcommittee.  Ask them to oppose SF2032: jason.schultz@legis.iowa.gov , mike.bousselot@legis.iowa.gov , janice.weiner@legis.iowa.gov

Background Information

  • The process would start with the Legislative Council, a committee which consists of  Senators and House members from each political party.  The Council would recommend to Iowa’s attorney general and governor that the executive order be reviewed. 

  • The Attorney General would determine if the executive order is constitutional. 

  • For an executive order deemed unconstitutional, the Attorney General would determine if the State of Iowa should seek an exemption from implementing the executive order.  Alternatively the Attorney General could seek to have the executive order ruled unconstitutional through the federal court system.

  • Then, if the executive order restricts a person’s rights or if the Attorney General determines that the executive order is unconstitutional, the state of Iowa and other government bodies in Iowa (cities, counties, schools) are forbidden from implementing the executive order if it relates to:

    •  a pandemic or other health emergency

    • the regulation of natural resources, including coal and oil

    • the regulation of the agriculture industry

    • the use of land

    • the regulation of the financial sector as it relates to environmental, social, or government standards (ESG)

    • the right to bear arms

  • The bill doesn't define what restricting a person's rights means.

In other words, Iowa’s state attorney general can override a President’s executive order.

This legislation could be harmful to the tax-payers of Iowa.  Clearly, it would lead to litigation - which would cost taxpayers money to defend and to pay damages.  It could lead to chaos, where the federal law and executive orders run afoul of what the attorney general decides.  Usually it is the courts that would declare an executive order to be unconstitutional, not an attorney general,  a legislative committee, or state legislation.

Iowa's attorney general has no authority to unilaterally declare an executive order that was issued by the United States President unconstitutional.  The attorney general has to request the federal courts to make that ruling.

This bill should not be passed!