HEN15F53 S.L.C.
114
TH
CONGRESS 1
ST
S
ESSION
S.
ll
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.
IN THE SENATE OF THE UNITED STATES
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Mr. P
AUL
introduced the following bill; which was read twice and referred to the Committee on
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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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Separation of Powers
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Restoration and Second Amendment Protection Act’’.
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HEN15F53 S.L.C.
SEC. 2. SENSE OF CONGRESS.
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It is the sense of Congress that any executive action
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issued by the President before, on, or after the date of
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enactment of this Act that infringes on the powers and
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duties of Congress under section 8 of article I of the Con-
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stitution of the United States or the Second Amendment
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to the Constitution of the United States, or that would
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require the expenditure of Federal funds not specifically
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appropriated for the purpose of the executive action, is
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advisory only and has no force or effect unless enacted
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as law.
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SEC. 3. DEFINITION OF EXECUTIVE ACTION.
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In this Act, the term ‘‘executive action’’ includes an
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Executive order, memoranda, proclamation, or signing
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statement.
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SEC. 4. VITIATION OF EFFECT OF EXECUTIVE ACTION.
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Any existing or proposed executive action that in-
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fringes on the powers and duties of Congress under section
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8 of article I of the Constitution of the United States or
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the Second Amendment to the Constitution of the United
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States shall have no force or effect.
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SEC. 5. PROHIBITION AGAINST USE OF FUNDS FOR CER-
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TAIN PURPOSES.
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No funds appropriated pursuant to any provision of
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law may be used to promulgate or enforce any executive
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action that infringes on the powers and duties of Congress
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HEN15F53 S.L.C.
under section 8 of article I of the Constitution of the
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United States or the Second Amendment to the Constitu-
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tion of the United States.
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SEC. 6. STANDING TO CHALLENGE EXECUTIVE ACTION.
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A civil action may be brought in an appropriate dis-
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trict court of the United States to challenge the validity
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of any executive action which infringes on the powers and
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duties of Congress under section 8 of article I of the Con-
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stitution of the United States or the Second Amendment
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to the Constitution of the United States by the following
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persons:
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(1) C
ONGRESS AND ITS MEMBERS
.—Any Mem-
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ber of the House of Representatives or the Senate,
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or either or both chambers acting pursuant to vote,
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if the challenged executive action—
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(A) infringes on the powers and duties of
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Congress under article I, section 8 of the Con-
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stitution of the United States; or
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(B) violates the Second Amendment to the
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Constitution of the United States.
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(2) S
TATE AND LOCAL GOVERNMENTS
.—The
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highest governmental official of any State, common-
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wealth, district, territory, or possession of the
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United States, or any political subdivision thereof, or
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the designee of such person, if the challenged execu-
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