Section 1 Short title
This Act may be cited as the “Separation of Powers Restoration and Second Amendment Protection Act”.
Separation of Powers Restoration and Second Amendment Protection Act
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.
Sec. 2 Sense of Congress
It is the sense of Congress that any executive action issued by the President before, on, or after the date of enactment of this Act that infringes on the powers and duties of Congress under section 8 of article I of the Constitution of the United States or the Second Amendment to the Constitution of the United States, or that would require the expenditure of Federal funds not specifically appropriated for the purpose of the executive action, is advisory only and has no force or effect unless enacted as law.
Sec. 3 Definition of executive action
In this Act, the term executive action includes an Executive order, memoranda, proclamation, or signing statement.
Sec. 4 Vitiation of effect of executive action
Any existing or proposed 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 the Second Amendment to the Constitution of the United States shall have no force or effect.
Sec. 5 Prohibition against use of funds for certain purposes
No funds appropriated pursuant to any provision of law may be used to promulgate or enforce 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 the Second Amendment to the Constitution of the United States.
Sec. 6 Standing to challenge executive action
A civil action may be brought in an appropriate district court of the United States to challenge the validity of any executive action which infringes on the powers and duties of Congress under section 8 of article I of the Constitution of the United States or the Second Amendment to the Constitution of the United States by the following persons:
Congress and its members— Any Member of the House of Representatives or the Senate, or either or both chambers acting pursuant to vote, if the challenged executive action—
infringes on the powers and duties of Congress under article I, section 8 of the Constitution of the United States; or
violates the Second Amendment to the Constitution of the United States.
State and local governments— The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged executive action infringes on a power of such State or on a power afforded to such commonwealth, district, territory, or possession under any congressional enactment or relevant treaty of the United States.
Aggrieved persons— Any person aggrieved of the challenged executive action with respect to a liberty or property interest adversely affected directly by the executive action.