Oklahoma 2022 Regular Session

Oklahoma House Bill HB1237

Introduced
2/1/21  
Refer
2/2/21  

Caption

United States; providing for review of presidential executive orders and federal actions; prohibiting implementation of unconstitutional actions; effective date.

Impact

The implications of HB 1237 extend to various areas of law and governance in Oklahoma. It will enable the state government to take a more assertive stance against federal mandates, particularly those concerning public health emergencies, environmental regulations, and the education system. Should the federal government issue directives that the Oklahoma Legislature views as unconstitutional, this bill grants them the authority to prevent local and state agencies from implementing such orders. This could significantly affect how laws are enforced in the state, particularly in sectors where federal oversight is common.

Summary

House Bill 1237 establishes a mechanism for the Oklahoma Legislature to review federal executive orders and actions to assess their constitutionality. This bill empowers the legislature to recommend that the Attorney General evaluate these actions, with the intent of preventing the enforcement of any federal mandates deemed unconstitutional. If the Attorney General declines to take action, the Legislature can declare the order unconstitutional by a majority vote and pursue necessary legal exemptions or challenges. The bill is aimed at asserting the state's authority over federal regulations, particularly in areas such as public health, natural resources, and land use.

Sentiment

The sentiment surrounding HB 1237 has been polarized. Proponents, primarily from the Republican Party, argue that the bill is essential for protecting state rights and ensuring that Oklahoma residents are not subjected to unconstitutional federal overreach. They view this legislation as a safeguard against potentially draconian federal regulations. Conversely, opponents argue that the bill undermines the rule of law and could lead to a breakdown in cooperative governance, particularly during emergencies requiring federal and state collaboration. The debate reflects broader national conflicts surrounding state versus federal authority.

Contention

Notable points of contention stem from concerns about the bill's potential to challenge established federal laws across a broad spectrum of issues, ranging from health regulations during pandemics to environmental protections. Critics worry that this legislation may embolden the state government to disregard federal guidelines, creating confusion and inconsistency in areas like public health and safety. As HB 1237 provokes debate about the limits of state power, it raises questions about the balance of authority between state and federal governments, particularly in times of crisis.

Companion Bills

No companion bills found.

Previously Filed As

OK SB455

Federal actions; prohibiting implementation or enforcement of certain federal actions found unconstitutional. Effective date.

OK SB455

Federal actions; prohibiting implementation or enforcement of certain federal actions found unconstitutional. Effective date.

OK HB1236

Attorney General; duties of Attorney General; State Reserved Powers Protection Unit; providing for review of Presidential executive orders and federal actions; effective date; emergency.

OK SB571

Unconstitutional actions in Oklahoma; creating the Ethan Haim Act; providing for unlawful actions. Effective date. Emergency.

OK SB1711

Attorney General; requiring monitoring and evaluation of certain actions. Effective date. Emergency.

OK HB1822

State capitol and capitol building; providing for use of State Capitol Park; prohibiting certain actions; effective date.

OK SB840

Authorizes the General Assembly and the Attorney General to review and prohibit implementation of certain federal actions in this state

OK SB286

Authorizes the General Assembly and the Attorney General to review and prohibit implementation of certain federal actions in this state

OK SB453

Civil actions; creating the Oklahoma Expedited Actions Act; providing for application of expedited actions process. Effective date.

OK HB2643

Firearms; making certain action unlawful; providing certain exemptions; prohibiting certain denial; effective date.

Similar Bills

No similar bills found.