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S. 82

S. 82

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Published by Adam Bitely
Senator Rand Paul and Congressman Steve Stockman are working together in a joint effort to end all of Obama’s unlawful Executives Actions, Orders and Proclamations. Their Bills have been introduced in both the House and the Senate and will “block, overturn and defund and action that violates the Constitution.
Senator Rand Paul and Congressman Steve Stockman are working together in a joint effort to end all of Obama’s unlawful Executives Actions, Orders and Proclamations. Their Bills have been introduced in both the House and the Senate and will “block, overturn and defund and action that violates the Constitution.

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Published by: Adam Bitely on Jul 09, 2013
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07/10/2013

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II
Calendar No.
4
113
TH
CONGRESS1
ST
S
ESSION
 
S. 82
To provide that any executive action infringing on the Second Amendmenthas no force or effect, and to prohibit the use of funds for certain purposes.
IN THE SENATE OF THE UNITED STATES
J
 ANUARY 
23 (legislative day, J
 ANUARY 
3), 2013Mr. P
 AUL
introduced the following bill; which was read the first timeJ
 ANUARY 
28, 2013Read the second time and placed on the calendar
A BILL
To provide that any executive action infringing on the Second Amendment has no force or effect, and to prohibit the use of funds for certain purposes.
 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 and Second Amendment Protection Act of 
5
2013’’.
6
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2
S 82 PCS
SEC. 2. SENSE OF CONGRESS.
1
(a) I
N
G
ENERAL
.—That it is the sense of Congress
2
that any executive action issued by the President before,
3
on, or after the date of enactment of this Act that in-
4
fringes on the powers and duties of Congress under section
5
8 of article I of the Constitution or the Second Amend-
6
ment to the Constitution, or that would require the ex-
7
penditure of Federal funds not specifically appropriated
8
for the purpose of the executive action, is advisory only 
9
and has no force or effect unless enacted as law.
10
(b) D
EFINITION OF
E
 XECUTIVE
 A 
CTION
.—In this
11
 Act, the term ‘‘executive action’’ includes an Executive
12
order, memoranda, proclamation, or signing statement.
13
SEC. 3. VITIATION OF EFFECT OF EXECUTIVE ACTION.
14
 Any existing or proposed executive action that in-
15
fringes on the powers and duties of Congress under section
16
8 of article I of the Constitution or the Second Amend-
17
ment to the Constitution shall have no force or effect.
18
SEC. 4. PROHIBITION AGAINST USE OF FUNDS FOR CER-
19
TAIN PURPOSES.
20
No funds appropriated pursuant to any provision of 
21
law may be used to promulgate or enforce any executive
22
action that infringes on the powers and duties of Congress
23
 under section 8 of article I of the Constitution or the Sec-
24
ond Amendment to the Constitution.
25
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3
S 82 PCS
SEC. 5. STANDING TO CHALLENGE EXECUTIVE ACTION
1
WHICH IMPACT ARTICLE I, SECTION 8 OF THE
2
CONSTITUTION OR THE SECOND AMEND-
3
MENT TO THE CONSTITUTION.
4
The following persons may bring an action in an ap-
5
propriate United States court to challenge the validity of 
6
any executive action which infringes on the powers and
7
duties of Congress under section 8 of article I of the Con-
8
stitution or the Second Amendment to the Constitution.
9
(1) C
ONGRESS AND ITS MEMBERS
.—Any mem-
10
 ber of the House of Representatives or the Senate,
11
or either or both chambers acting pursuant to vote,
12
if the challenged executive action—
13
(A) infringes on the powers and duties of 
14
Congress under article I, section 8 of the Con-
15
stitution; or
16
(B) violates the Second Amendment to the
17
Constitution.
18
(2) S
TATE AND LOCAL GOVERNMENTS
.—The
19
highest governmental official of any State, common-
20
 wealth, district, territory, or possession of the
21
United States, or any political subdivision thereof, or
22
the designee of such person, if the challenged execu-
23
tive action infringes on a power of such State or on
24
a power afforded to such commonwealth, district,
25
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