I
106TH CONGRESS
1ST SESSION
H. R. 2655
To restore the separation of powers between the Congress and the President.
IN THE HOUSE OF REPRESENTATIVES
JULY 30, 1999
Mr. PAUL (for himself and Mr. METCALF) introduced the following bill; which
was referred to the Committee on International Relations, and in addition
to the Committees on the Judiciary, and Rules, for a period to be subse-
quently 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 Representa-
tives 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, Constitu-
tional framers vested Federal powers in three co-
equal branches of government, each with unique and
limited powers and each with a coequal duty to up-
hold and sustain the Constitution of the United
States.
(2) A Supreme Court justice stated, ‘‘The doc-
trine 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 pur-
pose 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., dis-
senting).
(3) James Madison, quoting Montesquieu, stat-
ed 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 au-
thority over individual citizens and their rights ex-
cept 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., Execu-
tive 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, ‘‘Con-
gress 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 De-
partment 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 specifi-
cally granted to the Federal Government by the
Constitution are non-binding and cannot constitute
law.
SEC. 3. SEPARATION OF POWERS RESTORING RESCIS-
SIONS.
(a) REPEAL OF WAR POWERS RESOLUTION.—The
War Powers Resolution (50 U.S.C. 1541 et seq.) is re-
pealed.
(b) TERMINATION OF STATES OF EMERGENCY.—
(1) IN GENERAL.—All powers and authorities
possessed by the President, any other officer or em-
ployee of the Federal Government, or any executive
agency (as defined in section 105 of title 5) as a re-
sult 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 pend-
ing 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 sub-
section, the term ‘‘national emergency’’ means a
general declaration of emergency made by the Presi-
dent or any other officer or employee of the execu-
tive branch.
(d) 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 pursu-
ant to duties specifically related to actions taken as
Commander in Chief of the Armed Forces; or
(3) a Presidential order citing the specific con-
gressional 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 un-
ratified treaty or bilateral or multilateral agree-
ment which—
(i) violates the ninth or tenth amend-
ments 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 IN-
TEGRITY.
The following persons may bring an action in an ap-
propriate 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 con-
gressional 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, common-
wealth, district, territory, or possession of the
United States, or any political subdivision thereof, or
the designee of such person, if the challenged Presi-
dential order infringes on the powers afforded to the
States under the Constitution.
(3) AGGRIEVED
PERSONS.—Any person ag-
grieved in a liberty or property interest adversely af-
fected 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 proclama-
tion, or Presidential directive; and
(2) any other Presidential or Executive action
by whatever name described purporting to have nor-
mative effect outside the executive branch which is
issued under the authority of the President or any
other officer or employee of the executive branch.
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