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 
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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 or Officer thereof.’ ’’. (Youngstown Sheet 
& Tube Co. v. Sawyer, 343 U.S. 579 (1952)). 
(7) Treaties or executive agreements which pur-
port to assign powers not amongst those specifically 
granted to the Federal Government by the Constitu-
tion 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.— 
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(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. 
(c) 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 
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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; 
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(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 
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