Guarding Congressional Authority Act

Whereas historical declarations of national emergencies set a precedent of “governing by national emergency” without approval from Congress;

Whereas courts have a limited role with respect to challenges to Federal law;

Whereas Congress has failed to guard its own appropriations authority and has thereby endowed executives with more unchecked power and undedicated funds;

Whereas Congress has mistakenly given the executive historically unrestrained authority through the National Emergencies Act of 1976;

Whereas the National Emergencies Act has offered the executive billions of dollars without clear conditions that Congress is endowed with the necessary authority to prescribe;

Whereas Congress intends to assert its constitutional authority and protect the checks the body was intended to place on the executive branch of government; now therefore

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 and section 9 of article I of 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.

The President must terminate the executive declaration of a national emergency under the National Emergencies Act after 60 days unless Congress (1) has affirmatively authorized the action; or (2) has extended the time period by law.

Once the President has issued a national emergency declaration under the National Emergencies Act a resolution affirmatively authorizing the action and/or extending the time period shall be the first legislative item considered by the respective bodies with all other legislative action suspended until such resolution is voted upon by the body.

Any proposed executive action that infringes on the powers and duties of Congress under section 8 and section 9 of article I of the Constitution of the United States shall have no force or effect.

No funds appropriated pursuant to any provision of law may be used to promulgate or enforce any proposed executive action that infringes on the powers and duties of Congress under section 8 and section 9 of article I of the Constitution of the United States.

A civil action may be brought in an appropriate district court of the United States to challenge the validity of any proposed executive action which infringes on the powers and duties of Congress under section 8 and section 9 of article I of the Constitution of the United States by the following persons: