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" ... But the various lawsuits pending against the rule are not about guns or gun rights. Rather, these suits ask whether DOJ may create new criminal laws without involving Congress. The Constitution’s answer is a firm no. New criminal laws must clear the twin constitutional hurdles of “bicameralism” (passage by both houses of Congress) and “presentment” (Presidential signature or veto override). ... "
" ... In a word, no. The concurrent resolution is not a piece of legislation subject to Article III, Section 9’s “shall be presented to the governor” language because the resolution is not a legislative act. Besides, if the legislature cannot end the State of Disaster Emergency without going through the full legislative process of bicameralism (i.e., passage by both houses of the General Assembly) and presentment (i.e., governor’s approval), then why can the governor start (or end) the emergency without going through the full process too? If the legislature’s ending the state of emergency is a legislative act, then the governor’s ending it must also be a legislative act. Logically, the argument would have to run both ways. The fact that another legislature passed the Emergency Code several decades ago hardly substitutes for bicameral approval of any edicts or suspensions of law Gov. Wolf might order now. ... "