United States HR 4317: Separation of Powers Restoration Act

Bill Text

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117TH CONGRESS
1ST SESSION H. R. 4317
To restore the separation of powers between the Congress and the President.
IN THE HOUSE OF REPRESENTATIVES
JULY 1, 2021
Mr. GOSAR (for himself, Mr. MASSIE, Mrs. GREENE of Georgia, and Mrs.
BOEBERT) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committees on the Ju-
diciary, and 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 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-9
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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 6
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 25
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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 of Officer thereof.’ ’’. (Youngstown Sheet & 14
Tube Co. v. Sawyer, 343 U.S. 579 (1952)). 15
(7) Treaties or Executive Agreements which 16
purport to assign powers not amongst those specifi-17
cally granted to the Federal Government by the 18
Constitution are non-binding and cannot constitute 19
law. 20
SEC. 3. SEPARATION OF POWERS RESTORING RESCIS-21
SIONS. 22
(a) REPEAL OF WAR POWERS RESOLUTION.—The 23
War Powers Resolution (50 U.S.C. 1541 et seq.) is re-24
pealed. 25
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(b) TERMINATION OF STATES OF EMERGENCY.— 1
(1) IN GENERAL.—All powers and authorities 2
possessed by the President, any other officer or em-3
ployee of the Federal Government, or any executive 4
agency (as defined in section 105 of title 5) as a re-5
sult of the existence of any declaration of national 6
emergency in effect on the date of enactment of this 7
Act are terminated 90 days after such date. Such 8
termination shall not affect— 9
(A) any action taken or proceeding pend-10
ing not finally concluded or determined on such 11
date; 12
(B) any action or proceeding based on any 13
act committed prior to such date; or 14
(C) any rights or duties that matured or 15
penalties that were incurred prior to such date. 16
(2) DEFINITION.—For the purpose of this sub-17
section, the term ‘‘national emergency’’ means a 18
general declaration of emergency made by the Presi-19
dent or any other officer or employee of the execu-20
tive branch. 21
(c) TERMINATION OF AUTHORITY TO DECLARE 22
EMERGENCY.—To the extent that any Act of Congress in 23
effect on the date of enactment of this Act grants to the 24
Pres