South Carolina H 3600: Review of Presidential Executive Orders

Bill Text

2025-2026 Bill 3600 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3600

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
1-7-95 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, EITHER OF ITS RESPECTIVE 
BODIES, A STANDING COMMITTEE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE 
PRESIDENT OF THE SENATE, OR NOT LESS THAN FIVE MEMBERS OF THE GENERAL ASSEMBLY 
MAY REVIEW ANY PRESIDENTIAL EXECUTIVE ORDER NOT AFFIRMED BY CONGRESS AND MAY 
RECOMMEND THAT THE ATTORNEY GENERAL REVIEW A PRESIDENTIAL EXECUTIVE ORDER TO DETERMINE 
ITS CONSTITUTIONALITY UNDER CERTAIN CIRCUMSTANCES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 7, Title 1 of the S.C. Code is 
amended by adding:

 Section 
1-7-95. (A) The General Assembly or 
either of its respective bodies, a standing committee, the Speaker of the House 
of Representatives, the President of the Senate, or not less than five members 
of the General Assembly 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 request the Attorney General of this State to conduct further 
review of the presidential executive order. Upon such request, the Attorney 
General shall review the presidential 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. Within 
thirty days of receipt of the initial request, the Attorney General shall 
submit a report containing his findings and recommendations to the General 
Assembly, the Governor, and post this report on the official website of the 
Office of the Attorney General.

 (B) 
Notwithstanding any other provision of law, the State, a local government, a 
political subdivision, or any other publicly funded organization may not 
implement a presidential executive order that restricts a person's rights or 
that the Attorney General determines to be unconstitutional pursuant to the 
provisions of subsection (A) and which relates to:

 (1) 
pandemics or other health emergencies;

 (2) 
the regulation of natural resources;

 (3) 
the regulation of the agriculture industry;

 (4) 
the use of land;

 (5) 
the regulation of the financial sector as it relates to environmental, social, 
or governance standards; or

 (6) 
the regulation of the constitutional right to keep and bear arms.

SECTION 2. This act takes effect upon approval 
by the Governor.

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