Restore the Constitution Act of 2013

Restore the Constitution Act of 2013 - Separation of Powers Restoration and Second Amendment Protection Act of 2013 - Expresses the sense of Congress that any executive order, memoranda, proclamation, or signing statement issued by the President that infringes on the powers and duties of Congress under article I, section 8 of the Constitution or the Second Amendment, or that would require the expenditure of federal funds not specifically appropriated for such executive action, is advisory only and has no force or effect unless enacted by law.

Nullifies any such executive action and prohibits the use of appropriated funds to promulgate or enforce any such action.

Authorizes the following persons to bring an action in an appropriate U.S. court to challenge the validity of any such executive action: (1) any member or either or both chambers of Congress, (2) the highest governmental official of any state or political subdivision if the challenged action infringes on a power of such state under any congressional enactment or relevant treaty, and (3) any person aggrieved in a liberty or property interest adversely affected by the challenged action.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 410 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 410

To provide that any executive action infringing on the Second Amendment 
 has no force or effect, and to prohibit the use of funds for certain 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2013

 Mr. Stockman introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide that any executive action infringing on the Second Amendment 
 has no force or effect, and to prohibit the use of funds for certain 
                               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 ``Restore the Constitution Act of 
2013''.

SEC. 2. SENSE OF CONGRESS.

    (a) In General.--That it is the sense of Congress that any 
executive action issued by the President before, on, or after the date 
of the enactment of this Act that infringes on the powers and duties of 
Congress under section 8 of article I of the Constitution or the Second 
Amendment to the Constitution, or that would require the expenditure of 
Federal funds not specifically appropriated for the purpose of 
executive action, is advisory only and has no force or effect unless 
enacted by law.
    (b) Definition of Executive Action.--In this Act, the term 
``executive action'' includes an Executive order, memoranda, 
proclamation or signing statement.

SEC. 3. VITIATION OF EFFECT OF EXECUTIVE ACTION.

    Any existing or proposed executive action that infringes on the 
powers and duties of Congress under section 8 of article I of the 
Constitution or the Second Amendment to the Constitution shall have no 
force or effect.

SEC. 4. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN PURPOSES.

    No funds appropriated pursuant to any provision of law may be used 
to promulgate or enforce any executive action that infringes on the 
powers and duties of Congress under section 8 of article I of the 
Constitution or the Second Amendment to the Constitution.

SEC. 5. STANDING TO CHALLENGE EXECUTIVE ACTION WHICH IMPACTS ARTICLE I, 
              SECTION 8 OF THE CONSTITUTION OR THE SECOND AMENDMENT TO 
              THE CONSTITUTION.

    The following persons may bring an action in an appropriate United 
States court to challenge the validity of any executive action which 
infringes on the powers and duties of Congress under section 8 of 
article I of the Constitution or the Second Amendment to the 
Constitution.
            (1) Congress and its members.--Any Member of the House of 
        Representatives or the Senate, or either or both chambers 
        acting pursuant to vote, if the challenged action--
                    (A) infringes on the powers and duties of Congress 
                under article I, section 8 of the Constitution; or
                    (B) violates the Second Amendment to the 
                Constitution.
            (2) State and local governments.--The highest governmental 
        official of any State, commonwealth, district, territory or 
        possession of the United States, or any political subdivision 
        thereof, or the designee of such person, if the challenged 
        executive action infringes on a power of such State or on a 
        power afforded to such commonwealth, district, territory, or 
        possession under any congressional enactment or relevant treaty 
        of the United States.
            (3) Aggrieved persons.--Any person aggrieved in a liberty 
        or property interest adversely affected by the challenged 
        executive action.
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