Separation of Powers Restoration and Second Amendment Protection Act

Bill: 114-hr-4321
Sponsor: full_name: Rep. Stutzman, Marlin A. [R-IN-3]
Introduced: 2016-01-06
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: 2016-02-03
text: Referred to the Subcommittee on the Constitution and Civil Justice.

Summaries:
action_date: 2016-01-06
action_desc: Introduced in House
text: <p><b>Separation of Powers Restoration and Second Amendment Protection Act </b></p> <p>This bill 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>The bill nullifies any such executive action and prohibits the use of appropriated funds to promulgate or enforce any such action. </p> <p>The following persons may bring a civil action in an appropriate U.S. district 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 of the challenged executive action with respect to a liberty or property interest adversely affected directly by the executive action. </p>

tv_txt: I 114th CONGRESS 2d Session H. R. 4321 IN THE HOUSE OF REPRESENTATIVES January 6, 2016 Mr. Stutzman (for himself, Mr. Boustany , Mr. Brady of Texas , Mr. Carter of Georgia , Mr. Culberson , Mr. Gosar , Mr. Guinta , Mr. Huelskamp , Mr. Flores , Mr. Loudermilk , Mr. Fincher , Mr. Jody B. Hice of Georgia , Mr. LaMalfa , Mr. Ratcliffe , Mr. Schweikert , Mr. Zinke , Mr. Bridenstine , Mr. Franks of Arizona , Mr. Joyce , Mr. Tom Price of Georgia , Mr. Brooks of Alabama , Mr. Byrne , Mr. Conaway , Mr. Johnson of Ohio , Mr. Grothman , Mr. Newhouse , Mr. Cole , Mr. Burgess , Mr. Palazzo , Mr. Palmer , Mr. Miller of Florida , Mr. Westerman , Mr. Rouzer , Mr. Rogers of Alabama , Mr. Sessions , Mr. Mullin , Mr. Walker , Mr. Babin , Mrs. Blackburn , Mr. Poe of Texas , Mr. Aderholt , Mr. Weber of Texas , Mr. Shimkus , Mr. Duncan of Tennessee , Mr. Graves of Missouri , Mrs. Lummis , Mr. Bucshon , Mr. Lucas , Mr. Barton , Mrs. Walorski , Mr. Collins of New York , Mr. Harper , Mr. Hultgren , Mr. Gibbs , Mr. Rooney of Florida , Mr. Lamborn , Mr. Chabot , Mr. Walberg , Mr. Labrador , Mr. Wilson of South Carolina , Mr. Benishek , Mr. Abraham , and Mr. Latta ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide that any executive action that infringes on the powers and duties of Congress under section 8 of article I of the Constitution of the United States or on the Second Amendment to the Constitution of the United States 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 . 2. Sense of Congress 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 of the United States or the Second Amendment to the Constitution of the United States, 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. 3. Definition of executive action In this Act, the term executive action includes an Executive order, memoranda, proclamation, or signing statement. 4. 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 of the United States or the Second Amendment to the Constitution of the United States shall have no force or effect. 5. 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 of the United States or the Second Amendment to the Constitution of the United States. 6. Standing to challenge executive action A civil action may be brought in an appropriate district court of the United States 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 of the United States or the Second Amendment to the Constitution of the United States by the following persons: (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 of the United States; or (B) violates the Second Amendment to the Constitution of the United States. (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 of the challenged executive action with respect to a liberty or property interest adversely affected directly by the executive action.