Separation of Powers Restoration and Second Amendment Protection Act of 2013

Bill: 113-s-82
Sponsor: full_name: Sen. Paul, Rand [R-KY]
Introduced: 2013-01-23
Policy area: Government Operations and Politics
Subjects: Appropriations

Civil actions and liability

Congressional-executive branch relations

Constitution and constitutional amendments

Firearms and explosives

Intergovernmental relations

Law enforcement administration and funding

Members of Congress

Presidents and presidential powers, Vice Presidents

State and local government operations
Latest action: action_date: 2013-01-28
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 4.

Summaries:
action_date: 2013-01-23
action_desc: Introduced in Senate
text: <p>Separation of Powers Restoration and Second Amendment Protection Act of 2013 - 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. </p> <p>Nullifies any such executive action and prohibits the use of appropriated funds to promulgate or enforce any such action. </p> <p>Authorizes the following persons to bring an action in an appropriate U.S. 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 in a liberty or property interest adversely affected directly by the challenged action.</p>

tv_txt: II Calendar No. 4 113th CONGRESS 1st Session S. 82 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Paul introduced the following bill; which was read the first time January 28, 2013 Read the second time and placed on the calendar A BILL To provide that any executive action infringing on the Second Amendment 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 of 2013 . 2. Sense of Congress (a) In general That 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 or the Second Amendment to the Constitution, 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. (b) Definition of executive action In this Act, the term executive action includes an Executive order, memoranda, proclamation, or signing statement. 3. 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 or the Second Amendment to the Constitution shall have no force or effect. 4. 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 or the Second Amendment to the Constitution. 5. Standing to challenge executive action which impact article I, section 8 of the Constitution or the Second Amendment to the Constitution The following persons may bring an action in an appropriate United States court 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 or the Second Amendment to the Constitution. (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; or (B) violates the Second Amendment to the Constitution. (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 in a liberty or property interest adversely affected directly by the challenged executive action.

January 28, 2013 Read the second time and placed on the calendar