Separation of Powers Restoration and Second Amendment Protection Act

To provide that any executive action that infringes on the powers and duties of Congress under section 8 of article I of the Constitution of the United States or on the Second Amendment to the Constitution of the United States has no force or effect, and to prohibit the use of funds for certain purposes. 1. Short title This Act may be cited as the Separation of Powers Restoration and Second Amendment Protection Act 2. Sense of Congress It is the sense of Congress that any executive action issued by the President before, on, or after the date of enactment of this Act that infringes on the powers and duties of Congress under section 8 of article I of the Constitution of the United States or the Second Amendment to the Constitution of the United States, or that would require the expenditure of Federal funds not specifically appropriated for the purpose of the executive action, is advisory only and has no force or effect unless enacted as law. 3. Definition of executive action In this Act, the term executive action 4. 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 of the United States or the Second Amendment to the Constitution of the United States shall have no force or effect. 5. 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 of the United States or the Second Amendment to the Constitution of the United States. 6. Standing to challenge executive action A civil action may be brought in an appropriate district court of the United States 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 of the United States or the Second Amendment to the Constitution of the United States by the following persons: (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 executive action— (A) infringes on the powers and duties of Congress under article I, section 8 of the Constitution of the United States; or (B) violates the Second Amendment to the Constitution of the United States. (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 of the challenged executive action with respect to a liberty or property interest adversely affected directly by the executive action.

Summary: Separation of Powers Restoration and Second Amendment Protection Act This bill 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 as law. The bill nullifies any such executive action and prohibits the use of appropriated funds to promulgate or enforce any such action. The following persons may bring a civil action in an appropriate U.S. district 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 of the challenged executive action with respect to a liberty or property interest adversely affected directly by the executive action.