Separation of Powers Restoration Act
This bill restricts the scope of presidential orders. A presidential order means any executive order, presidential proclamation, or presidential directive, as well as any other presidential or executive action issued under the authority of the President or other federal officer or employee that purports to effect standards and norms outside of the executive branch.
Specifically, the bill limits the application of a presidential order to the executive branch unless the order is issued pursuant to certain presidential powers under the Constitution or statutory authority. The bill further specifies that the President may not issue an order under a ratified or unratified treaty (or bilateral or multilateral agreement) if the treaty (1) violates constitutional protections for rights retained by the people or powers reserved to the states, or (2) delegates power to a foreign government or international body absent constitutional authority. When issuing a presidential order, the President must cite to the applicable constitutional or statutory authority.
A presidential order without this citation is invalid. Members of Congress, nonfederal government officials, and aggrieved persons may challenge an order's validity on the basis that it exceeds the President's constitutional or statutory authority.
The bill also repeals the War Powers Resolution (a joint resolution that outlines procedures for Congress and the President to participate in decisions to send Armed Forces into hostilities) and terminates emergency authorities available to the President and other federal officers and employees for responding to a declared national emergency.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4317 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4317
To restore the separation of powers between the Congress and the
President.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2021
Mr. Gosar (for himself, Mr. Massie, Mrs. Greene of Georgia, and Mrs.
Boebert) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on the
Judiciary, and 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 restore the separation of powers between the Congress and the
President.
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 ``Separation of Powers Restoration
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As a limit on governmental power, Constitutional
framers vested Federal powers in three coequal branches of
government, each with unique and limited powers and each with a
coequal duty to uphold and sustain the Constitution of the
United States.
(2) A Supreme Court justice stated, ``The doctrine of the
separation of powers was adopted by the convention of 1787 not
to promote efficiency but to preclude the exercise of arbitrary
power. The purpose was not to avoid friction, but, by means of
the inevitable friction incident to the distribution of the
governmental powers among three departments, to save the people
from autocracy.'' Myers v. United States, 272 U.S. 52, 293
(1926) (Brandeis, J., dissenting).
(3) James Madison, quoting Montesquieu, stated in
Federalist 47, ``There can be no liberty where the legislative
and executive powers are united in the same person, or body of
magistrates.''.
(4) Article I of the Constitution provides, ``All
legislative powers herein granted shall be vested in a Congress
of the United States.''.
(5) A congressional committee print has noted that,
``[b]ecause the President has no power or authority over
individual citizens and their rights except where he is granted
such power and authority by a provision in the Constitution or
by statute, the President's proclamations are not legally
binding and are at best hortatory unless based on such grants
of authority.'' 85th Cong., 1st Sess., Executive Orders and
Proclamations: A Study of a Use of Presidential Powers (Comm.
Print 1957).
(6) The Supreme Court has stated that, even if Presidents
have, without congressional authority, taken actions only the
Congress may take, ``Congress has not thereby lost its
exclusive constitutional authority to make laws necessary and
proper to carry out the powers vested by the Constitution `in
the Government of the United States, or any Department of
Officer thereof.'''. (Youngstown Sheet & Tube Co. v. Sawyer,
343 U.S. 579 (1952)).
(7) Treaties or Executive Agreements which purport to
assign powers not amongst those specifically granted to the
Federal Government by the Constitution are non-binding and
cannot constitute law.
SEC. 3. SEPARATION OF POWERS RESTORING RESCISSIONS.
(a) Repeal of War Powers Resolution.--The War Powers Resolution (50
U.S.C. 1541 et seq.) is repealed.
(b) Termination of States of Emergency.--
(1) In general.--All powers and authorities possessed by
the President, any other officer or employee of the Federal
Government, or any executive agency (as defined in section 105
of title 5) as a result of the existence of any declaration of
national emergency in effect on the date of enactment of this
Act are terminated 90 days after such date. Such termination
shall not affect--
(A) any action taken or proceeding pending not
finally concluded or determined on such date;
(B) any action or proceeding based on any act
committed prior to such date; or
(C) any rights or duties that matured or penalties
that were incurred prior to such date.
(2) Definition.--For the purpose of this subsection, the
term ``national emergency'' means a general declaration of
emergency made by the President or any other officer or
employee of the executive branch.
(c) Termination of Authority To Declare Emergency.--To the extent
that any Act of Congress in effect on the date of enactment of this Act
grants to the President or any other officer or employee of the
executive branch the power to declare a national emergency, such power
is hereby divested to the Congress alone.
SEC. 4. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS.
(a) Statement of Authority.--The President shall include with each
Presidential order a statement of the specific statutory or
constitutional provision which in fact grants the President the
authority claimed for such action.
(b) Invalidity of Nonconforming Orders.--A Presidential order which
does not include the statement required by subsection (a) is invalid,
to the extent such Presidential order is issued under authority granted
by a congressional enactment.
SEC. 5. EFFECT OF PRESIDENTIAL ORDERS.
(a) Limited Effect of Presidential Orders.--A Presidential order
neither constitutes nor has the force of law and is limited in its
application and effect to the executive branch.
(b) Exceptions.--Subsection (a) does not apply to--
(1) a reprieve or pardon for an offense against the United
States, except in cases of impeachment;
(2) an order given to military personnel pursuant to duties
specifically related to actions taken as Commander in Chief of
the Armed Forces; or
(3) a Presidential order citing the specific congressional
enactment relied upon for the authority exercised in such order
and--
(A) issued pursuant to such authority;
(B) commensurate with the limit imposed by the
plain language of such authority; and
(C) not issued pursuant to a ratified or unratified
treaty or bilateral or multilateral agreement which--
(i) violates the ninth or tenth amendments
to the Constitution; or
(ii) makes a delegation of power to a
foreign government or international body when
no such delegating authority exists under the
Constitution.
SEC. 6. STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT
SEPARATION OF POWERS INTEGRITY.
The following persons may bring an action in an appropriate United
States court to challenge the validity of any Presidential order which
exceeds the power granted to the President by the relevant authorizing
statute or the Constitution:
(1) Congress and its members.--The House of
Representatives, the Senate, any Senator, and any
Representative to the House of Representatives, if the
challenged Presidential order--
(A) infringes on any power of Congress;
(B) exceeds any power granted by a congressional
enactment; or
(C) violates section 4 because it does not state
the statutory authority which in fact grants the
President the power claimed for the action taken in
such Presidential order.
(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
Presidential order infringes on the powers afforded to the
States under the Constitution.
(3) Aggrieved persons.--Any person aggrieved in a liberty
or property interest adversely affected directly by the
challenged Presidential order.
SEC. 7. DEFINITION OF PRESIDENTIAL ORDER.
In this Act, the term ``Presidential order'' means--
(1) any Executive order, Presidential proclamation, or
Presidential directive; and
(2) any other Presidential or Executive action by whatever
name described purporting to have normative effect outside the
executive branch which is issued under the authority of the
President or any other officer or employee of the executive
branch.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and 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 Foreign Affairs, and in addition to the Committees on the Judiciary, and 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 Foreign Affairs, and in addition to the Committees on the Judiciary, and 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, Civil Rights, and Civil Liberties.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line