Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Write the Laws Act’’. 
SEC. 2. FINDINGS. 
(a) Article I, section 1 of the United States Constitu-
tion vests the legislative powers enumerated therein in the 
United States Congress, consisting of a Senate and a 
House of Representatives, subject only to the veto power 
of the President as provided in article I, section 7, clause 
2. 
(b) Article II, section 1 of the United States Con-
stitution vests the executive power of the United States 
in a President of the United States, except as enumerated 
in article II, section 2. 
(c) Article III, section 1 of the United States Con-
stitution vests the judicial power of the United States in 
‘‘one supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish,’’ 
subject only to the jurisdictional limitations set forth in 
article III, section 2. 
(d) ‘‘In the main, [the United States Constitution] 
has blocked out with singular precision, and in bold lines, 
in its three primary Articles, the allotment of power to 
the executive, the legislative, and judicial departments of 
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the government [and] the powers confided by the Con-
stitution to one of these departments cannot be exercised 
by another.’’ Kilbourn v. Thompson, 103 U.S. 168, 191 
(1881). 
(e) ‘‘It is . . . essential to the successful working of 
this system, that the persons entrusted with power in any 
of these branches shall not be permitted to encroach upon 
the powers confided to others, but that each shall by the 
law of its creation be limited to the exercise of the powers 
of its own department and no other.’’ Kilbourn v. Thomp-
son, 103 U.S. 168, 191 (1881). 
(f) ‘‘The increase in the number of States, in their 
population and wealth, and in the amount of power . . . 
[has] present[ed] powerful and growing temptations to 
those to whom that exercise is intrusted, to overstep the 
just boundaries of their own department, and enter upon 
the domain of one of the others, or to assume powers not 
intrusted to either of them.’’ Kilbourn v. Thompson, 103 
U.S. 168, 191–192 (1881). 
(g) Succumbing to these ‘‘powerful and growing’’ 
temptations, and beginning in the late nineteenth century 
with the Interstate Commerce Commission and continuing 
to the present time, Congress has unconstitutionally cre-
ated numerous administrative agencies with blended pow-
ers, namely, (i) the exercise of legislative power vested by 
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the Constitution in Congress, (ii) the exercise of executive 
power vested by the Constitution in the President and (iii) 
the exercise of judicial power vested by the Constitution 
in the Supreme Court and lower Federal courts. 
(h) By delegating legislative, executive and judicial 
power to the various administrative agencies, Congress 
has departed from the separation of powers structure of 
the United States Constitution, and ignored the warning 
of the framers of that instrument that ‘‘[T]he accumula-
tion of all powers, legislative, executive, and judiciary, in 
the same hands, whether of one, a few, or many, and 
whether hereditary, self-appointed, or elective, may justly 
be pronounced the very definition of tyranny.’’ James 
Madison, The Federalist No. 47. 
(i) Further, by delegating legislative, executive, and 
judicial powers to various administrative agencies, Con-
gress has unconstitutionally established a Star Chamber- 
like system of rules promulgated, executed and adju-
dicated by administrative agencies that are functionally a 
part of the executive branch of government in violation 
of the due process guarantee of the Fifth Amendment that 
secures a system of rules promulgated by Congress, exe-
cuted by the President, and adjudicated by the courts 
independent from the legislative and executive branches 
of government. 
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(j) By the very nature of legislative power, and by 
the express terms of article I, section 1 of the United 
States Constitution, Congress may not delegate any legis-
lative power to any other branch of government or other 
entity, including any administrative agency. As Chief Jus-
tice John Marshall stated: ‘‘It will not be contended that 
congress can delegate to the courts, or to any other tribu-
nals, powers which are strictly and exclusively legislative.’’ 
Wayman v. Southard, 10 Wheat. 23 U.S. 1, 41 (1825). 
(k) As Chief Justice Melville Fuller explained, a 
‘‘criminal offense’’ created or clarified by an Executive 
Branch agency is not valid unless the offense ‘‘is fully and 
completely defined by the act’’ of Congress. In re Kollock, 
165 U.S. 526 (1897). 
(l) By vesting legislative power in the Congress, the 
Constitution requires the Senate and the House of Rep-
resentatives to enact statutes containing general rules to 
be executed by the President, as provided in article II, sec-
tion 1 of the Constitution of the United States, and to 
be adjudicated in a case or controversy by such inferior 
courts as Congress may from time to time establish, or 
in the Supreme Court, as provided in article III, sections 
1 and 2. 
(m) By abdicating its constitutional legislative re-
sponsibility to write the laws whereby the people are gov-
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erned, and having unconstitutionally delegated that power 
to unelected bureaucrats, Congress has undermined the 
constitutional protections of (i) the checks and balances 
of a bicameral legislative body and (ii) of a presidential 
veto. 
(n) As a direct consequence of Congress having abdi-
cated its responsibility to properly exercise the legislative 
power vested by the Constitution, Congress has: (i) im-
posed onerous and unreasonable burdens upon the Amer-
ican people; and (ii) violated the constitutional principle 
of the separation of the legislative, executive and judicial 
processes and functions. 
(o) As Chief Justice Roberts observed, ‘‘the danger 
posed by the growing power of the administrative state 
cannot be dismissed,’’ as there are now ‘‘hundreds of fed-
eral agencies poking into every nook and cranny of daily 
life.’’ City of Arlington v. FCC. 569 U.S.l(2013) (Rob-
erts, C.J., dissenting). 
SEC. 3. RESTORING THE SEPARATION OF POWERS. 
Title 1 of the United States Code, shall be amended 
by inserting at the end of chapter 2 a new chapter, 2B 
entitled ‘‘SEPARATION OF POWERS’’, including 
section 101, as follows: 
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‘‘§ 101. Nondelegation of legislative power 
‘‘(a) Effective 90 calendar days after the enactment 
of this bill into law no bills passed by Congress shall con-
tain any ‘delegation of legislative powers’ whatsoever, 
whether to (a) any component within the Legislative 
Branch of government, (b) the President of the United 
States or any other member of the Executive Branch of 
government, (c) the Judicial Branch of government, (d) 
any federal administrative agency, (e) any quasi-public 
agency, (f) any state or instrumentality thereof, or (g) any 
other organization or individual. 
‘‘(b)(1) A prohibited ‘delegation of legislative powers’ 
in this section shall include: (a) the creation or clarifica-
tion of any criminal or civil offense; and (b) the creation 
or clarification of any non-criminal regulation, prohibition 
or limitation applicable to the public, or some subset there-
of, that is not fully and completely defined by Congress, 
except that the Executive Branch of government may be 
delegated authority to make factual findings that will de-
termine the date upon which such statute is implemented, 
suspended, or revived. 
‘‘(2) A prohibited ‘delegation of legislative powers’ in 
this section shall not include the issuance of any presi-
dential proclamation, or the issuance by any rule or regu-
lation governing the internal operation of any government 
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agency, or conditions made upon grants or contracts 
issued by any government agency. 
‘‘(c) Effective 90 calendar days after the enactment 
of this bill into law, no new presidential directive, adju-
dicative decision, rule, or regulation, or change to an exist-
ing presidential directive, adjudicative decision, rule, or 
regulation governing, limiting, imposing a penalty on, or 
otherwise regulating any activity of any person or entity, 
other than an officer or employee of the United States 
government, shall be promulgated or put into effect, un-
less said directive, decision, rule or regulation is author-
ized by a bill written in compliance with this section, and 
duly enacted according to the process of Article I, Section 
7 of the United States Constitution. 
‘‘(d) Within six months after the effective date of this 
Act, the Comptroller General of the United States, shall 
report to Congress identifying all statutes enacted prior 
to the effective date of this statute which contain any ‘del-
egation of legislative powers’ prohibited in this section, to 
the end that Congress may take action to repeal or amend 
any such statutes.’’. 
SEC. 4. ENFORCEMENT CLAUSE. 
Title 1 of the United States Code shall be further 
amended by adding to new said chapter 2B, as follows: 
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‘‘§ 102. Enforcement clause 
‘‘(a) Effective 90 days after the enactment of this bill, 
no bill shall become law, nor enforced or applied as law, 
without Congress having complied fully with the require-
ments of Section 101(A) and (B) of Chapter 2B of Title 
1 of the United States Code, and any persons against 
whom such a law is enforced or applied may invoke such 
noncompliance as a complete defense to any legal, equi-
table, or regulatory action, civil or criminal, brought 
against him under said law, or the color thereof. 
‘‘(b) Any person aggrieved by any action of any exec-
utive officer or administration agency pursuant to any 
statute that does not comply with the provisions of this 
Act shall have a cause of action under Sections 2201 and 
2202, Title 28, United States Code, and Rules 57 and 
65, Federal Rules of Civil Procedure, against the United 
States to seek appropriate relief, including an injunction 
against enforcement of any law, the contents of which did 
not conform to the requirements of this Act. 
‘‘(c) In any judicial action brought pursuant to sub-
section (B) of this section, the standard of review shall 
be de novo.’’. 
SEC. 5. SEVERABILITY CLAUSE. 
If any provision of this Act, or the application there-
of, to any person or circumstance is held invalid for any 
reason in any court of competent jurisdiction, such inva-
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lidity does not affect other provisions or other applications 
of this Act which can be given effect without the invalid 
provision or application, and for this purpose the provi-
sions of this Act are declared severable. 
Æ 
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