ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

HB 2310: municipalities; counties; law enforcement budgets

S/E: executive orders; review; attorney general

Sponsor: Representative Roberts, LD 11

Committee on Military Affairs & Public Safety

Summary of the Strike-Everything Amendment to HB 2310

Overview

Allows the Legislative Council to review presidential executive orders and recommend to the Attorney General (AG) to further review an executive order to determine the legality of the order.

History

Article II of the United States Constitution outlines the process of the election and the powers and duties of the President of the United States. The powers and duties of the President of the United States include, but is not limited to:

1) Being the Commander in Chief of the United States Army and Navy and the Militia of several states when called into actual service;

2) Making treaties, provided two-thirds of the Senators present concur;

3) Giving Congress information of the State of the Union; and

4) Taking care that the laws be faithfully executed (U.S. Const. art. II, §§ 2, 3).

Provisions

1. Allows the Legislative Council to review any executive order issues by the President of the United States that has not been affirmed by a vote of Congress and assigned into law. (Sec. 1)

2. Allows the Legislative Council to recommend to the AG that the order be further review by the AG to determine the legality of the order. (Sec. 1)

3. Requires the AG to file a declaratory judgment action in federal district court if the AG determines the order is illegal. (Sec. 1)

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7. HB 2310

8. Initials ES/SM Page 0 Military Affairs & Public Safety

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