I 
109TH CONGRESS 
1ST SESSION H. R. 3621 
To confer standing on State legislators and Governors to bring suit in Federal 
district court to preserve the residual core sovereignty of States under 
the Constitution as expressed in the Tenth Amendment, and to enforce 
the Guarantee Clause of the Constitution. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2005 
Mr. CULBERSON introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To confer standing on State legislators and Governors to 
bring suit in Federal district court to preserve the resid-
ual core sovereignty of States under the Constitution 
as expressed in the Tenth Amendment, and to enforce 
the Guarantee Clause of the Constitution. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. STANDING TO SEEK JUDICIAL REVIEW. 
(a) STANDING.— 
(1) STATE LEGISLATORS.—Any member of a 
State legislative body, upon the adoption of a resolu-
tion by the body, authorizing suit on behalf of the
State, shall have standing to bring an action on the 
ground that a Federal statute, rule, regulation, or 
program— 
(A) invades or otherwise violates or in-
trudes upon the residual core sovereign author-
ity of the State under the Constitution as ex-
pressed in the Tenth Amendment; or 
(B) damages or otherwise diminishes the 
republican form of government in the State. 
(2) GOVERNORS.—The Governor of a State 
shall have standing to bring an action on the ground 
that a Federal statute, rule, regulation, or pro-
gram— 
(A) invades or otherwise violates or in-
trudes upon the residual core sovereign author-
ity of the State under the Constitution as ex-
pressed in the Tenth Amendment; or 
(B) damages or otherwise diminishes the 
republican form of government in the State. 
(b) VENUE.—An action under subsection (a) may be 
brought only in a district court of the United States for 
a judicial district that includes, in whole or in part, the 
geographic area represented by one of the authorized 
plaintiffs.
(c) RELIEF.—In any action brought under subsection 
(a), the court may grant injunctive relief, declaratory re-
lief, or such other relief as the court deems appropriate. 
(d) NO SANCTIONS FOR SUIT.—A person authorized 
to bring an action under subsection (a) shall not be subject 
to any sanction or liability for bringing, or participating 
in, the action, and shall not be liable for any attorney’s 
fees of any defendant, or any court costs, with respect to 
the action. 
(e) EXPEDITION.—A court having jurisdiction over 
an action brought under this section shall take all nec-
essary and appropriate actions to advance on the docket 
and to expedite to the greatest possible extent the disposi-
tion of any matter brought under this section. 
(f) LEGAL REPRESENTATION.—A person bringing an 
action under subsection (a) shall be represented by the 
attorney general, or equivalent officer, of any State in the 
geographic area represented by one of the authorized 
plaintiffs, unless another provision of law prohibits such 
representation. 
(g) CUMULATIVE RIGHTS.—The rights created by 
this section are in addition to the rights of any person 
under law. 
(h) INTERVENTION.—A copy of any complaint in an 
action brought under this section by or on behalf of a
State shall be promptly delivered to the Governor of each 
other State, and to the administering authorities of the 
legislative bodies of each other State who shall be encour-
aged to notify the members of such bodies of the filing 
of the action. Any such Governor shall have the right to 
intervene in any such action. Any member of any such 
State legislative body shall have the right to intervene in 
any such action upon the adoption of a resolution by the 
body authorizing intervention on behalf of the State. 
(i) SEVERABILITY.—If any provision of this section, 
or the application of such provision to any person or cir-
cumstance, is held invalid, the remainder of this section, 
or the application of such provision to persons or cir-
cumstances other than those to which such provision is 
held invalid, shall not be affected thereby. 
(j) INTENT OF THE CONGRESS.—It is the intent of 
the Congress that this Act be expansively construed and 
vigorously enforced— 
(1) to preserve and protect the residual core 
sovereign authority of the States; 
(2) to maintain a clearly definable boundary be-
tween Federal power and State power; and 
(3) to preserve political accountability and indi-
vidual liberty by the preservation of our Federal sys-
tem of dual sovereignty between the States and the 
Federal Government. 
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