Enforce the Take Care Clause Act of 2014 - Authorizes the House of Representatives or the Senate to bring an action seeking declaratory and injunctive relief to compel the President to execute a law faithfully upon the adoption of a resolution declaring that, on the basis of any of certain actions, the President has failed to meet the requirement of the Constitution to take care that such law be faithfully executed.
Requires approval by at least 60% of the members in either chamber for adoption of the resolution.
Describes the presidential actions involved as:
Prescribes special rules with respect to any such action brought by the House or the Senate.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3857 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 3857
To authorize the House of Representatives and the Senate to bring an
action seeking declaratory and injunctive relief in response to the
failure of the President to meet the requirement of the Constitution to
faithfully execute the law, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2014
Mr. Gerlach (for himself, Mr. Cramer, and Mr. Tiberi) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To authorize the House of Representatives and the Senate to bring an
action seeking declaratory and injunctive relief in response to the
failure of the President to meet the requirement of the Constitution to
faithfully execute the law, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enforce the Take Care Clause Act of
2014''.
SEC. 2. AUTHORIZATION OF HOUSE AND SENATE TO BRING ACTION IN RESPONSE
TO FAILURE OF THE PRESIDENT TO EXECUTE THE LAW.
(a) Authorization.--
(1) In general.--Upon the adoption of a resolution
declaring that, on the basis of any of the Presidential actions
described in subsection (b), the President has failed to meet
the requirement of section 3 of article II of the Constitution
of the United States to take care that a law be faithfully
executed, the House of Representatives or the Senate may bring
an action (in the name of the House of Representatives or the
Senate, as the case may be) seeking declaratory and injunctive
relief to compel the President to faithfully execute that law.
(2) Threshold for vote on resolution.--The House of
Representatives or the Senate shall not be considered to have
adopted a resolution under this section unless the resolution
is approved by not fewer than 60 percent of the members present
and voting.
(b) Presidential Actions Described.--The Presidential actions
described in this subsection are as follows:
(1) The promulgation of a regulation or agency
administrative guidance.
(2) The issuance of an Executive order, including an order
to not defend a challenge to the constitutionality of a law and
an order to not enforce a law.
(3) The issuance of a signing statement with respect to the
enactment of a law.
(c) Exercise of Rulemaking Authority of Senate and House.--This
section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 3. SPECIAL RULES APPLICABLE TO ACTIONS.
The following rules shall apply with respect to any action brought
by the House of Representatives or Senate pursuant to the authority of
section 2:
(1) The action shall be filed in the United States District
Court for the District of Columbia, and shall be heard not
later than 30 days after the action is filed by a 3-judge court
convened pursuant to section 2284 of title 28, United States
Code.
(2) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives (in the case of an
action brought by the House) and the Secretary of the Senate
(in the case of an action brought by the Senate).
(3) A final decision in the action shall be issued not
later than 90 days after the action is filed and shall be
reviewable only by appeal directly to the Supreme Court of the
United States. Such appeal shall be taken by the filing of a
notice of appeal within 10 days, and the filing of a
jurisdictional statement within 30 days, of the entry of the
final decision.
(4) It shall be the duty of the United States District
Court for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to the
greatest possible extent the disposition of the action and
appeal.
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Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on the Constitution and Civil Justice.
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