Constitutional Check and Balance Act

Constitutional Check and Balance Act - Authorizes any Member of Congress who casts a recorded vote on final passage of a version of a bill or joint resolution enacting a provision into law to bring an action for declaratory or injunctive relief in an appropriate U.S. district court to compel an executive branch official to enforce the provision, if the President or any other executive branch official issues a memorandum or other written statement directing the official to not enforce it.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4091 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4091

To authorize Members of Congress to bring an action for declaratory and 
 injunctive relief in response to a written statement by the President 
 or any other official in the executive branch directing officials of 
        the executive branch to not enforce a provision of law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 2014

 Mr. Poe of Texas introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To authorize Members of Congress to bring an action for declaratory and 
 injunctive relief in response to a written statement by the President 
 or any other official in the executive branch directing officials of 
        the executive branch to not enforce a provision of law.

    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 ``Constitutional Check and Balance 
Act''.

SEC. 2. AUTHORIZING CAUSE OF ACTION BY MEMBERS OF CONGRESS IN RESPONSE 
              TO WRITTEN STATEMENT BY THE PRESIDENT OR OTHER EXECUTIVE 
              BRANCH OFFICIAL DIRECTING EXECUTIVE BRANCH OFFICIALS TO 
              NOT ENFORCE A LAW.

    (a) Cause of Action Authorized.--If the President or any other 
official in the executive branch issues a memorandum or other written 
statement directing any official in the executive branch to not enforce 
a provision of law, a Member of Congress who meets the criteria 
described in subsection (b) may bring an action for declaratory or 
injunctive relief in an appropriate United States district court to 
compel such official to enforce that provision of law.
    (b) Criteria for Eligibility.--A Member of Congress meets the 
criteria described in this subsection with respect to a provision of 
law if the Member cast a recorded vote on final passage of the version 
of the bill or joint resolution which was enacted into law and included 
that provision.
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