Constitutional Check and Balance Act

Bill: 113-hr-4091
Sponsor: full_name: Rep. Poe, Ted [R-TX-2]
Introduced: 2014-02-26
Policy area: Government Operations and Politics
Subjects: Civil actions and liability

Congressional oversight

Congressional-executive branch relations

Members of Congress

Presidents and presidential powers, Vice Presidents
Latest action: action_date: 2014-03-20
text: Referred to the Subcommittee on the Constitution and Civil Justice.

Summaries:
action_date: 2014-02-26
action_desc: Introduced in House
text: <p>Constitutional Check and Balance Act - Authorizes any Member of Congress who casts a recorded vote on final passage of a version of a bill or joint resolution enacting a provision into law to bring an action for declaratory or injunctive relief in an appropriate U.S. district court to compel an executive branch official to enforce the provision, if the President or any other executive branch official issues a memorandum or other written statement directing the official to not enforce it.</p>

tv_txt: I 113th CONGRESS 2d Session H. R. 4091 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize Members of Congress to bring an action for declaratory and injunctive relief in response to a written statement by the President or any other official in the executive branch directing officials of the executive branch to not enforce a provision of law.

1. Short title This Act may be cited as the Constitutional Check and Balance Act . 2. Authorizing cause of action by Members of Congress in response to written statement by the President or other executive branch official directing executive branch officials to not enforce a law (a) Cause of Action Authorized If the President or any other official in the executive branch issues a memorandum or other written statement directing any official in the executive branch to not enforce a provision of law, a Member of Congress who meets the criteria described in subsection (b) may bring an action for declaratory or injunctive relief in an appropriate United States district court to compel such official to enforce that provision of law. (b) Criteria for Eligibility A Member of Congress meets the criteria described in this subsection with respect to a provision of law if the Member cast a recorded vote on final passage of the version of the bill or joint resolution which was enacted into law and included that provision.