US Codex
Bill
Notes

Constitutional Check and Balance Act

S. 2062 · 113th Congress · Feb 27, 2014 · Lineage

A BILL

To authorize Members of Congress to bring an action for declaratory and injunctive relief in response to a written statement by the President or any other official in the executive branch directing officials of the executive branch to not enforce a provision of law.

1. Short title

This Act may be cited as the “Constitutional Check and Balance Act”.

2. Authorizing cause of action by Members of Congress in response to written statement by the President or other executive branch official directing executive branch officials to not enforce a law

(a)
Cause of Action Authorized— If the President or any other official in the executive branch of the Federal Government issues a memorandum or other written statement directing any official in the executive branch to not enforce a provision of law, a Member of Congress who meets the requirement described in subsection (b) may bring an action for declaratory or injunctive relief in an appropriate United States district court to compel such official to enforce the provision of law.
(b)
Requirement for Eligibility— The requirement described in this subsection with respect to a provision of law is that the Member of Congress cast a recorded vote on final passage of the version of the bill or joint resolution that enacted the provision into law.