Enforce the Take Care Clause Act of 2014

Bill: 113-hr-3857
Sponsor: full_name: Rep. Gerlach, Jim [R-PA-6]
Introduced: 2014-01-13
Policy area: Law
Subjects: Administrative law and regulatory procedures

Civil actions and liability

Congressional-executive branch relations

Constitution and constitutional amendments

District of Columbia

Federal district courts

Judicial procedure and administration

Legislative rules and procedure

Presidents and presidential powers, Vice Presidents

Supreme Court
Latest action: action_date: 2014-03-20
text: Referred to the Subcommittee on the Constitution and Civil Justice.

Summaries:
action_date: 2014-01-13
action_desc: Introduced in House
text: <p>Enforce the Take Care Clause Act of 2014 - Authorizes the House of Representatives or the Senate to bring an action seeking declaratory and injunctive relief to compel the President to execute a law faithfully upon the adoption of a resolution declaring that, on the basis of any of certain actions, the President has failed to meet the requirement of the Constitution to take care that such law be faithfully executed.</p> <p>Requires approval by at least 60% of the members in either chamber for adoption of the resolution.</p> <p>Describes the presidential actions involved as:</p> <ul> <li> the promulgation of a regulation or agency administrative guidance;</li> <li>the issuance of an executive order, including an order to not defend a challenge to the constitutionality of a law and an order to not enforce a law; and</li> <li>the issuance of a signing statement with respect to enactment of a law.</li> </ul> <p>Prescribes special rules with respect to any such action brought by the House or the Senate.</p>

tv_txt: I 113th CONGRESS 2d Session H. R. 3857 IN THE HOUSE OF REPRESENTATIVES January 13, 2014 Mr. Gerlach (for himself, Mr. Cramer , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the House of Representatives and the Senate to bring an action seeking declaratory and injunctive relief in response to the failure of the President to meet the requirement of the Constitution to faithfully execute the law, and for other purposes.

1. Short title This Act may be cited as the Enforce the Take Care Clause Act of 2014 . 2. Authorization of House and Senate to bring action in response to failure of the President to execute the law (a) Authorization (1) In general Upon the adoption of a resolution declaring that, on the basis of any of the Presidential actions described in subsection (b), the President has failed to meet the requirement of section 3 of article II of the Constitution of the United States to take care that a law be faithfully executed, the House of Representatives or the Senate may bring an action (in the name of the House of Representatives or the Senate, as the case may be) seeking declaratory and injunctive relief to compel the President to faithfully execute that law. (2) Threshold for vote on resolution The House of Representatives or the Senate shall not be considered to have adopted a resolution under this section unless the resolution is approved by not fewer than 60 percent of the members present and voting. (b) Presidential Actions Described The Presidential actions described in this subsection are as follows: (1) The promulgation of a regulation or agency administrative guidance. (2) The issuance of an Executive order, including an order to not defend a challenge to the constitutionality of a law and an order to not enforce a law. (3) The issuance of a signing statement with respect to the enactment of a law. (c) Exercise of rulemaking authority of Senate and House This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 3. Special rules applicable to actions The following rules shall apply with respect to any action brought by the House of Representatives or Senate pursuant to the authority of section 2: (1) The action shall be filed in the United States District Court for the District of Columbia, and shall be heard not later than 30 days after the action is filed by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives (in the case of an action brought by the House) and the Secretary of the Senate (in the case of an action brought by the Senate). (3) A final decision in the action shall be issued not later than 90 days after the action is filed and shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (4) It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.