I 

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. 

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 ‘‘Restore the Constitu5 tion Act of 2013’’. 

6 SEC. 2. SENSE OF CONGRESS. 

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

8 that any executive action issued by the President before, 

9 on, or after the date of the enactment of this Act that 

10 infringes on the powers and duties of Congress under secVerDate Mar 15 2010 00:23 Jan 26, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H410.IH H410

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1 tion 8 of article I of the Constitution or the Second 

2 Amendment to the Constitution, or that would require the 

3 expenditure of Federal funds not specifically appropriated 

4 for the purpose of executive action, is advisory only and 

5 has no force or effect unless enacted by law. 

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

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

8 order, memoranda, proclamation or signing statement. 

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

10 Any existing or proposed executive action that in11 fringes on the powers and duties of Congress under section 

12 8 of article I of the Constitution or the Second Amend13 ment to the Constitution shall have no force or effect. 

14 SEC. 4. PROHIBITION AGAINST USE OF FUNDS FOR CER15 TAIN PURPOSES. 

16 No funds appropriated pursuant to any provision of 

17 law may be used to promulgate or enforce any executive 

18 action that infringes on the powers and duties of Congress 

19 under section 8 of article I of the Constitution or the Sec20 ond Amendment to the Constitution. 


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1 SEC. 5. STANDING TO CHALLENGE EXECUTIVE ACTION 

2 WHICH IMPACTS ARTICLE I, SECTION 8 OF 

3 THE 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 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 United 

22 States, or any political subdivision thereof, or the 

23 designee of such person, if the challenged executive 

24 action infringes on a power of such State or on a 

25 power afforded to such commonwealth, district, terVerDate Mar 15 2010 00:23 Jan 26, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H410.IH H410

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1 ritory, or possession under any congressional enact2 ment or relevant treaty of the United States. 

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

Æ 


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