What This Bill Does
This bill aims to limit presidential power by repealing the War Powers Resolution, ending all current national emergencies within 90 days, and requiring the President to state the legal basis for each executive order. It also prevents presidential orders from having the force of law outside the executive branch unless Congress specifically authorized them.
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Who It Affects
- The President and executive branch officials
- Congress and individual members of Congress
- State and local governments
- Any person harmed by a presidential order
- Federal agencies
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Key Provisions
- The War Powers Resolution is repealed entirely. (Sec. 3(a))
- All presidential emergency powers in effect when this law takes effect end 90 days later. (Sec. 3(b)(1))
- The President must include with each order a statement naming the exact law or constitutional section giving him that power. (Sec. 4(a))
- Presidential orders that lack this required statement are invalid if issued under congressional authority. (Sec. 4(b))
- Presidential orders cannot act like laws or apply outside the executive branch, except for pardons, military commands, or orders based on specific congressional laws that follow constitutional limits. (Sec. 5(a) and (b))
- Congress, states, and people harmed by a presidential order can sue in federal court to challenge it. (Sec. 6)
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What Changes
If this becomes law, the President loses the ability to declare national emergencies or use emergency powers after 90 days. The President must explain the legal source of authority for every executive order. Presidential orders would no longer have the force of law outside the executive branch unless Congress specifically authorized them. Congress would have the sole power to declare national emergencies.
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Important Definitions
- "National emergency" means a general declaration of emergency made by the President or any executive branch officer or employee. (Sec. 3(b)(2))
- "Presidential order" includes Executive orders, Presidential proclamations, Presidential directives, and any other Presidential or Executive action claiming to have effect outside the executive branch. (Sec. 7)
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 464
To restore the separation of powers between the Congress and the President.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 24, 2023
Mr. GOSAR (for himself, Mr. MASSIE, and Ms. HAGEMAN) introduced the fol-
lowing bill; which was referred to the Committee on Foreign Affairs, and
in addition to the Committees on the Judiciary, and Rules, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To restore the separation of powers between the Congress
and the President.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Separation of Powers
4
Restoration Act’’.
5
SEC. 2. FINDINGS.
6
Congress finds the following:
7
(1) As a limit on governmental power, constitu-
8
tional framers vested Federal powers in three co-
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•HR 464 IH
equal branches of government, each with unique and
1
limited powers and each with a coequal duty to up-
2
hold and sustain the Constitution of the United
3
States.
4
(2) A Supreme Court justice stated, ‘‘The doc-
5
trine of the separation of powers was adopted by the
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convention of 1787 not to promote efficiency but to
7
preclude the exercise of arbitrary power. The pur-
8
pose was not to avoid friction, but, by means of the
9
inevitable friction incident to the distribution of the
10
governmental powers among three departments, to
11
save the people from autocracy.’’ Myers v. United
12
States, 272 U.S. 52, 293 (1926) (Brandeis, J., dis-
13
senting).
14
(3) James Madison, quoting Montesquieu, stat-
15
ed in Federalist 47, ‘‘There can be no liberty where
16
the legislative and executive powers are united in the
17
same person, or body of magistrates.’’.
18
(4) Article I of the Constitution provides, ‘‘All
19
legislative powers herein granted shall be vested in
20
a Congress of the United States.’’.
21
(5) A congressional committee print has noted
22
that, ‘‘[b]ecause the President has no power or au-
23
thority over individual citizens and their rights ex-
24
cept where he is granted such power and authority
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•HR 464 IH
by a provision in the Constitution or by statute, the
1
President’s proclamations are not legally binding
2
and are at best hortatory unless based on such
3
grants of authority.’’ 85th Cong., 1st Sess., Execu-
4
tive Orders and Proclamations: A Study of a Use of
5
Presidential Powers (Comm. Print 1957).
6
(6) The Supreme Court has stated that, even if
7
Presidents have, without congressional authority,
8
taken actions only the Congress may take, ‘‘Con-
9
gress has not thereby lost its exclusive constitutional
10
authority to make laws necessary and proper to
11
carry out the powers vested by the Constitution ‘in
12
the Government of the United States, or any De-
13
partment or Officer thereof.’ ’’. (Youngstown Sheet
14
& Tube Co. v. Sawyer, 343 U.S. 579 (1952)).
15
(7) Treaties or executive agreements which pur-
16
port to assign powers not amongst those specifically
17
granted to the Federal Government by the Constitu-
18
tion are non-binding and cannot constitute law.
19
SEC. 3. SEPARATION OF POWERS RESTORING RESCIS-
20
SIONS.
21
(a) REPEAL OF WAR POWERS RESOLUTION.—The
22
War Powers Resolution (50 U.S.C. 1541 et seq.) is re-
23
pealed.
24
(b) TERMINATION OF STATES OF EMERGENCY.—
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•HR 464 IH
(1) IN GENERAL.—All powers and authorities
1
possessed by the President, any other officer or em-
2
ployee of the Federal Government, or any executive
3
agency (as defined in section 105 of title 5) as a re-
4
sult of the existence of any declaration of national
5
emergency in effect on the date of enactment of this
6
Act are terminated 90 days after such date. Such
7
termination shall not affect—
8
(A) any action taken or proceeding pend-
9
ing not finally concluded or determined on such
10
date;
11
(B) any action or proceeding based on any
12
act committed prior to such date; or
13
(C) any rights or duties that matured or
14
penalties that were incurred prior to such date.
15
(2) DEFINITION.—For the purpose of this sub-
16
section, the term ‘‘national emergency’’ means a
17
general declaration of emergency made by the Presi-
18
dent or any other officer or employee of the execu-
19
tive branch.
20
(c) TERMINATION
OF AUTHORITY TO DECLARE
21
EMERGENCY.—To the extent that any Act of Congress in
22
effect on the date of enactment of this Act grants to the
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President or any other officer or employee of the executive
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•HR 464 IH
branch the power to declare a national emergency, such
1
power is hereby divested to the Congress alone.
2
SEC. 4. REQUIREMENT OF STATEMENT OF AUTHORITY FOR
3
PRESIDENTIAL ORDERS.
4
(a) STATEMENT
OF AUTHORITY.—The President
5
shall include with each Presidential order a statement of
6
the specific statutory or constitutional provision which in
7
fact grants the President the authority claimed for such
8
action.
9
(b) INVALIDITY OF NONCONFORMING ORDERS.—A
10
Presidential order which does not include the statement
11
required by subsection (a) is invalid, to the extent such
12
Presidential order is issued under authority granted by a
13
congressional enactment.
14
SEC. 5. EFFECT OF PRESIDENTIAL ORDERS.
15
(a) LIMITED EFFECT OF PRESIDENTIAL ORDERS.—
16
A Presidential order neither constitutes nor has the force
17
of law and is limited in its application and effect to the
18
executive branch.
19
(b) EXCEPTIONS.—Subsection (a) does not apply
20
to—
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(1) a reprieve or pardon for an offense against
22
the United States, except in cases of impeachment;
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•HR 464 IH
(2) an order given to military personnel pursu-
1
ant to duties specifically related to actions taken as
2
Commander in Chief of the Armed Forces; or
3
(3) a Presidential order citing the specific con-
4
gressional enactment relied upon for the authority
5
exercised in such order and—
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(A) issued pursuant to such authority;
7
(B) commensurate with the limit imposed
8
by the plain language of such authority; and
9
(C) not issued pursuant to a ratified or un-
10
ratified treaty or bilateral or multilateral agree-
11
ment which—
12
(i) violates the ninth or tenth amend-
13
ments to the Constitution; or
14
(ii) makes a delegation of power to a
15
foreign government or international body
16
when no such delegating authority exists
17
under the Constitution.
18
SEC. 6. STANDING TO CHALLENGE PRESIDENTIAL ORDERS
19
WHICH IMPACT SEPARATION OF POWERS IN-
20
TEGRITY.
21
The following persons may bring an action in an ap-
22
propriate United States court to challenge the validity of
23
any Presidential order which exceeds the power granted
24
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•HR 464 IH
to the President by the relevant authorizing statute or the
1
Constitution:
2
(1) CONGRESS AND ITS MEMBERS.—The House
3
of Representatives, the Senate, any Senator, and
4
any Representative to the House of Representatives,
5
if the challenged Presidential order—
6
(A) infringes on any power of Congress;
7
(B) exceeds any power granted by a con-
8
gressional enactment; or
9
(C) violates section 4 because it does not
10
state the statutory authority which in fact
11
grants the President the power claimed for the
12
action taken in such Presidential order.
13
(2) STATE
AND
LOCAL
GOVERNMENTS.—The
14
highest governmental official of any State, common-
15
wealth, district, territory, or possession of the
16
United States, or any political subdivision thereof, or
17
the designee of such person, if the challenged Presi-
18
dential order infringes on the powers afforded to the
19
States under the Constitution.
20
(3) AGGRIEVED
PERSONS.—Any person ag-
21
grieved in a liberty or property interest adversely af-
22
fected directly by the challenged Presidential order.
23
SEC. 7. DEFINITION OF PRESIDENTIAL ORDER.
24
In this Act, the term ‘‘Presidential order’’ means—
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•HR 464 IH
(1) any Executive order, Presidential proclama-
1
tion, or Presidential directive; and
2
(2) any other Presidential or Executive action
3
by whatever name described purporting to have nor-
4
mative effect outside the executive branch which is
5
issued under the authority of the President or any
6
other officer or employee of the executive branch.
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Æ
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