II 

Calendar No. 4 

113TH CONGRESS 

1ST SESSION S. 82 

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 SENATE OF THE UNITED STATES 

JANUARY 23 (legislative day, JANUARY 3), 2013 

Mr. PAUL introduced the following bill; which was read the first time 

JANUARY 28, 2013 

Read the second time and placed on the calendar 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Separation of Powers 

5 Restoration and Second Amendment Protection Act of 

6 2013’’. 


sroberts on DSK5SPTVN1PROD with 
2 

•S 82 PCS

1 SEC. 2. SENSE OF CONGRESS. 

2 (a) IN GENERAL.—That it is the sense of Congress 

3 that any executive action issued by the President before, 

4 on, or after the date of enactment of this Act that in5 fringes on the powers and duties of Congress under section 

6 8 of article I of the Constitution or the Second Amend7 ment to the Constitution, or that would require the ex8 penditure of Federal funds not specifically appropriated 

9 for the purpose of the executive action, is advisory only 

10 and has no force or effect unless enacted as law. 

11 (b) DEFINITION OF EXECUTIVE ACTION.—In this 

12 Act, the term ‘‘executive action’’ includes an Executive 

13 order, memoranda, proclamation, or signing statement. 

14 SEC. 3. VITIATION OF EFFECT OF EXECUTIVE ACTION. 

15 Any existing or proposed executive action that in16 fringes on the powers and duties of Congress under section 

17 8 of article I of the Constitution or the Second Amend18 ment to the Constitution shall have no force or effect. 

19 SEC. 4. PROHIBITION AGAINST USE OF FUNDS FOR CER20 TAIN PURPOSES. 

21 No funds appropriated pursuant to any provision of 

22 law may be used to promulgate or enforce any executive 

23 action that infringes on the powers and duties of Congress 

24 under section 8 of article I of the Constitution or the Sec25 ond Amendment to the Constitution. 


sroberts on DSK5SPTVN1PROD with 
3 

•S 82 PCS

1 SEC. 5. STANDING TO CHALLENGE EXECUTIVE ACTION 

2 WHICH IMPACT ARTICLE I, SECTION 8 OF THE 

3 CONSTITUTION OR THE SECOND AMEND4 MENT TO THE CONSTITUTION. 

5 The following persons may bring an action in an ap6 propriate United States court to challenge the validity of 

7 any executive action which infringes on the powers and 

8 duties of Congress under section 8 of article I of the Con9 stitution or the Second Amendment to the Constitution. 

10 (1) CONGRESS AND ITS MEMBERS.—Any mem11 ber of the House of Representatives or the Senate, 

12 or either or both chambers acting pursuant to vote, 

13 if the challenged executive action— 

14 (A) infringes on the powers and duties of 

15 Congress under article I, section 8 of the Con16 stitution; or 

17 (B) violates the Second Amendment to the 

18 Constitution. 

19 (2) STATE AND LOCAL GOVERNMENTS.—The 

20 highest governmental official of any State, common21 wealth, district, territory, or possession of the 

22 United States, or any political subdivision thereof, or 

23 the designee of such person, if the challenged execu24 tive action infringes on a power of such State or on 

25 a power afforded to such commonwealth, district, 


sroberts on DSK5SPTVN1PROD with 
4 

•S 82 PCS

1 territory, or possession under any congressional en2 actment or relevant treaty of the United States. 

3 (3) AGGRIEVED PERSONS.—Any person ag4 grieved in a liberty or property interest adversely af5 fected directly by the challenged executive action. 


sroberts on DSK5SPTVN1PROD with 

sroberts on DSK5SPTVN1PROD with 
Calendar No. 4 

113TH CONGRESS 

1ST SESSION S. 82 

A BILL 

To provide that any executive action infringing on 

poses. and to prohibit the use of funds for certain purthe Second Amendment has no force or effect, 

JANUARY 28, 2013 

Read the second time and placed on the calendar 


sroberts on DSK5SPTVN1PROD with