ENFORCE the Law Act of 2015

Bill: 114-s-11
Sponsor: full_name: Sen. Blunt, Roy [R-MO]
Introduced: 2015-01-06
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Civil actions and liability

Congressional oversight

Congressional-executive branch relations

Constitution and constitutional amendments

Judicial review and appeals

Legislative rules and procedure

Presidents and presidential powers, Vice Presidents

Supreme Court
Latest action: action_date: 2015-01-06
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2015-01-06
action_desc: Introduced in Senate
text: <p><strong>Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law Act of 2015 or the ENFORCE the Law Act of 2015</strong></p> <p>Authorizes either chamber of Congress, upon adoption of a resolution declaring that the President or any officer or employee of the United States has established or implemented a policy, practice, or procedure to refrain from enforcing, applying, following, or administering any federal statute, rule, regulation, program, policy, or other law in violation of the constitutional requirement that the President faithfully execute the laws of the United States, to bring a civil action for a declaratory judgment to that effect.</p> <p>Grants jurisdiction to a three-judge panel of a U.S. district court to hear such civil action and provides for an expedited direct appeal to the U.S. Supreme Court.</p>

tv_txt: II 114th CONGRESS 1st Session S. 11 IN THE SENATE OF THE UNITED STATES January 6, 2015 Mr. Blunt (for himself, Mr. Boozman , Mr. Coats , Mr. Crapo , Mr. Inhofe , Mr. Johnson , Ms. Murkowski , Mr. Roberts , Mrs. Fischer , Ms. Ayotte , Mr. Enzi , Mr. Graham , Mr. Isakson , Mr. Cornyn , Mr. Hatch , Mr. Moran , Mr. Scott , Mr. Cochran , and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect the separation of powers in the Constitution of the United States by ensuring that the President takes care that the laws be faithfully executed, and for other purposes.

1. Short title This Act may be cited as the Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law Act of 2015 or the ENFORCE the Law Act of 2015 . 2. Authorization to bring civil action for violation of the take care clause (a) Authorization (1) In general Upon the adoption of a resolution of a House of Congress declaring that the President, the head of any department or agency of the United States, or any other officer or employee of the United States has established or implemented a formal or informal policy, practice, or procedure to refrain from enforcing, applying, following, or administering any provision of a Federal statute, rule, regulation, program, policy, or other law in violation of the requirement that the President take care that the laws be faithfully executed under article II, section 3, clause 5, of the Constitution of the United States, that House may bring a civil action in accordance with subsection (b) (including an action seeking relief under sections 2201 and 2202 of title 28, United States Code). A civil action brought under this paragraph may be brought by a single House of Congress or both Houses of Congress jointly, if both Houses have adopted such a resolution. (2) Resolution described For the purposes of paragraph (1), the term resolution means only a resolution— (A) the title of which is as follows: Relating to the application of article II, section 3, clause 5, of the Constitution of the United States. ; (B) which does not have a preamble; and (C) the matter after the resolving clause of which is as follows: That _______ has failed to meet the requirement of article II, section 3, clause 5, of the Constitution of the United States to take care that a law be faithfully executed, with respect to _________. (the blank spaces being appropriately filled in with the President or the identity of the person acting on behalf of the President, and the administrative action in question described in paragraph (1), respectively). (b) Special rules In any civil action brought by the Senate or the House of Representatives under subsection (a)(1)— (1) the civil action— (A) may be filed in a United States district court of competent jurisdiction; and (B) shall be heard by a 3-judge court convened in accordance with section 2284 of title 28, United States Code; (2) a final decision in the civil action shall be reviewable only by appeal directly to the Supreme Court of the United States; (3) an appeal described in paragraph (2) 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; and (4) it shall be the duty of the United States district courts and the Supreme Court of the United States to advance on the docket and to expedite to the greatest extent possible the disposition of the civil action and appeal.