,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dcdc ,,in ,,the ,,house ,,of ,,representatives ,march #bg1 #bjad ,mr4 ,stockman introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to end the unconstitutional delegation of legislative power which was exclusively vested in the ,senate and ,house of ,representatives by article ,i1 section #a of the ,united ,states ,constitution1 and to direct the ,comptroller ,general of the ,united ,states to issue a report to ,congress detailing the extent of the problem of unconstitutional delegation to the end that such delegations can be phased out1 thereby restoring the constitutional principle of separation of powers set forth in the first sections of the ,united ,states ,constitution4 #a4 ,short title ,this ,act may be cited as the ,write the ,laws ,act4 #b4 ,findings 7a7 ,article ,i1 section #a of the ,united ,states ,constitution vests the legislative powers enumerated therein in the ,united ,states ,congress1 consisting of a ,senate and a ,house of ,representatives1 subject only to the veto power of the ,president as provided in article ,i1 section #g1 clause #b4 7b7 ,article ,,ii1 section #a of the ,united ,states ,constitution vests the executive power of the ,united ,states in a ,president of the ,united ,states1 except as enumerated in article ,,ii1 section #b4 7c7 ,article ,,iii1 section #a of the ,united ,states ,constitution vests the judicial power of the ,united ,states in one supreme ,court1 and in such inferior courts as the ,congress may from time to time ordain and establish1 subject only to the jurisdictional limitations set forth in article ,,iii1 section #b4 7d7 ,in the main1 the ,united ,states ,constitution has blocked out with singular precision1 and in bold lines1 in its three primary ,articles1 the allotment of power to the executive1 the legislative1 and judicial departments of the government and the powers confided by the ,constitution to one of these departments cannot be exercised by another4 ,kilbourn v4 ,thompson1 #ajc ,u4,s4 #afh1 #aia 7#ahha74 7e7 ,it is ''' essential to the successful working of this system1 that the persons entrusted with power in any of these branches shall not be permitted to encroach upon the powers confided to others1 but that each shall by the law of its creation be limited to the exercise of the powers of its own department and no other4 ,kilbourn v4 ,thompson1 #ajc ,u4,s4 #afh1 #aia 7#ahha74 7f7 ,the increase in the number of ,states1 in their population and wealth1 and in the amount of power ''' has presented powerful and growing temptations to those to whom that exercise is intrusted1 to overstep the just boundaries of their own department1 and enter upon the domain of one of the others1 or to assume powers not intrusted to either of them4 ,kilbourn v4 ,thompson1 #ajc ,u4,s4 #afh1 #aia-aib 7#ahha74 7g7 ,succumbing to these powerful and growing temptations1 and beginning in the late nineteenth century with the ,interstate ,commerce ,commission and continuing to the present time1 ,congress has unconstitutionally created numerous administrative agencies with blended powers1 namely1 7i7 the exercise of legislative power vested by the ,constitution in ,congress1 7ii7 the exercise of executive power vested by the ,constitution in the ,president and 7iii7 the exercise of judicial power vested by the ,constitution in the ,supreme ,court and lower ,federal courts4 7h7 ,by delegating legislative1 executive and judicial power to the various administrative agencies1 ,congress has departed from the separation of powers structure of the ,united ,states ,constitution1 and ignored the warning of the framers of that instrument that ,the accumulation of all powers1 legislative1 executive1 and judiciary1 in the same hands1 whether of one1 a few1 or many1 and whether hereditary1 self-appointed1 or elective1 may justly be pronounced the very definition of tyranny4 ,james ,madison1 ,the ,federalist ,no4 #dg4 7i7 ,further1 by delegating legislative1 executive1 and judicial powers to various administrative agencies1 ,congress has unconstitutionally established a ,star ,chamber-like system of rules promulgated1 executed and adjudicated by administrative agencies that are functionally a part of the executive branch of government in violation of the due process guarantee of the ,fifth ,amendment that secures a system of rules promulgated by ,congress1 executed by the ,president1 and adjudicated by the courts independent from the legislative and executive branches of government4 7j7 ,by the very nature of legislative power1 and by the express terms of article ,i1 section #a of the ,united ,states ,constitution1 ,congress may not delegate any legislative power to any other branch of government or other entity1 including any administrative agency4 ,as ,chief ,justice ,john ,marshall stated3 ,it will not be contended that congress can delegate to the courts1 or to any other tribunals1 powers which are strictly and exclusively legislative4 ,wayman v4 ,southard1 #aj ,wheat4 #bc ,u4,s4 #a1 #da 7#ahbe74 7k7 ,as ,chief ,justice ,melville ,fuller explained1 a criminal offense created or clarified by an ,executive ,branch agency is not valid unless the offense is fully and completely defined by the act of ,congress4 ,in re ,kollock1 #afe ,u4,s4 #ebf 7#ahig74 7l7 ,by vesting legislative power in the ,congress1 the ,constitution requires the ,senate and the ,house of ,representatives to enact statutes containing general rules to be executed by the ,president1 as provided in article ,,ii1 section #a of the ,constitution of the ,united ,states1 and to be adjudicated in a case or controversy by such inferior courts as ,congress may from time to time establish1 or in the ,supreme ,court1 as provided in article ,,iii1 sections #a and #b4 7m7 ,by abdicating its constitutional legislative responsibility to write the laws whereby the people are governed1 and having unconstitutionally delegated that power to unelected bureaucrats1 ,congress has undermined the constitutional protections of 7i7 the checks and balances of a bicameral legislative body and 7ii7 of a presidential veto4 7n7 ,as a direct consequence of ,congress having abdicated its responsibility to properly exercise the legislative power vested by the ,constitution1 ,congress has3 7i7 imposed onerous and unreasonable burdens upon the ,american people2 and 7ii7 violated the constitutional principle of the separation of the legislative1 executive and judicial processes and functions4 7o7 ,as ,chief ,justice ,roberts observed1 the danger posed by the growing power of the administrative state cannot be dismissed1 as there are now hundreds of federal agencies poking into every nook and cranny of daily life4 ,city of ,arlington v4 ,,fcc4 #efi ,u4,s47#bjac7 7,roberts1 ,c4,j41 dissenting74 #c4 ,restoring the separation of powers ,title #a of the ,united ,states ,code1 shall be amended by inserting at the end of chapter #b a new chapter1 #b;,b entitled ,separation of powers1 including section #aja1 as follows3 #aja4 ,nondelegation of legislative power 7a7 ,effective #ij calendar days after the enactment of this bill into law no bills passed by ,congress shall contain any delegation of legislative powers whatsoever1 whether to 7a7 any component within the ,legislative ,branch of government1 7b7 the ,president of the ,united ,states or any other member of the ,executive ,branch of government1 7c7 the ,judicial ,branch of government1 7d7 any federal administrative agency1 7e7 any quasi-public agency1 7f7 any state or instrumentality thereof1 or 7g7 any other organization or individual4 7b7 7#a7 ,a prohibited delegation of legislative powers in this section shall include3 7a7 the creation or clarification of any criminal or civil offense2 and 7b7 the creation or clarification of any non-criminal regulation1 prohibition or limitation applicable to the public1 or some subset thereof1 that is not fully and completely defined by ,congress1 except that the ,executive ,branch of government may be delegated authority to make factual findings that will determine the date upon which such statute is implemented1 suspended1 or revived4 7#b7 ,a prohibited delegation of legislative powers in this section shall not include the issuance of any presidential proclamation1 or the issuance by any rule or regulation governing the internal operation of any government agency1 or conditions made upon grants or contracts issued by any government agency4 7c7 ,effective #ij calendar days after the enactment of this bill into law1 no new presidential directive1 adjudicative decision1 rule1 or regulation1 or change to an existing presidential directive1 adjudicative decision1 rule1 or regulation governing1 limiting1 imposing a penalty on1 or otherwise regulating any activity of any person or entity1 other than an officer or employee of the ,united ,states government1 shall be promulgated or put into effect1 unless said directive1 decision1 rule or regulation is authorized by a bill written in compliance with this section1 and duly enacted according to the process of ,article ,i1 ,section #g of the ,united ,states ,constitution4 7d7 ,within six months after the effective date of this ,act1 the ,comptroller ,general of the ,united ,states1 shall report to ,congress identifying all statutes enacted prior to the effective date of this statute which contain any delegation of legislative powers prohibited in this section1 to the end that ,congress may take action to repeal or amend any such statutes4 4 #d4 ,enforcement clause ,title #a of the ,united ,states ,code shall be further amended by adding to new said chapter #b;,b1 as follows3 #ajb4 ,enforcement clause 7a7 ,effective #ij days after the enactment of this bill1 no bill shall become law1 nor enforced or applied as law1 without ,congress having complied fully with the requirements of ,section #aja7;,a7 and 7,b7 of ,chapter #b;,b of ,title #a of the ,united ,states ,code1 and any persons against whom such a law is enforced or applied may invoke such noncompliance as a complete defense to any legal1 equitable1 or regulatory action1 civil or criminal1 brought against him under said law1 or the color thereof4 7b7 ,any person aggrieved by any action of any executive officer or administration agency pursuant to any statute that does not comply with the provisions of this ,act shall have a cause of action under ,sections #bbja and #bbjb1 ,title #bh1 ,united ,states ,code1 and ,rules #eg and #fe1 ,federal ,rules of ,civil ,procedure1 against the ,united ,states to seek appropriate relief1 including an injunction against enforcement of any law1 the contents of which did not conform to the requirements of this ,act4 7c7 ,in any judicial action brought pursuant to subsection 7,b7 of this section1 the standard of review shall be de novo4 4 #e4 ,severability clause ,if any provision of this ,act1 or the application thereof1 to any person or circumstance is held invalid for any reason in any court of competent jurisdiction1 such invalidity does not affect other provisions or other applications of this ,act which can be given effect without the invalid provision or application1 and for this purpose the provisions of this ,act are declared severable4