,,ii #aacth ,,congress #ast ,session ,s4 #affc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #g1 #bjac,mr4 ,paul introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 ,constitution of the ,united ,states1 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 ,constitution of the ,united ,states4 #a4 ,short title ,this ,act may be cited as the ,write the ,laws ,act4 #b4 ,constitutional authority statement 7a7 ,in general ,this ,act is enacted pursuant to the powers conferred by the ,constitution of the ,united ,states upon ,congress by-- 7#a7 article ,i1 section #a1 which vests in ,congress all legislative powers granted under the ,constitution2 and 7#b7 article ,i1 section #h1 clause #ah1 which vests in ,congress the power to make all laws that shall be necessary and proper for executing the legislative power granted to ,congress in the ,constitution4 7b7 ,other authority ,this ,act is also enacted to bring the enforcement of ,federal law into compliance with the guarantee under the ,fifth ,amendment to the ,constitution of the ,united ,states that no person be deprived of life1 liberty1 or property without due process of law4 #c4 ,findings ,congress finds the following3 7#a7 ,article ,i1 section #a of the ,constitution of the ,united ,states vests the legislative powers enumerated therein in ,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 7#b7 ,article ,,ii1 section #a of the ,constitution of the ,united ,states vests the executive power of the ,united ,states in a ,president4 7#c7 ,article ,,iii1 section #a of the ,constitution of the ,united ,states 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 7#d7 ,as the ,supreme ,court of the ,united ,states has stated1 ,in the main1 the ,constitution of the ,united ,states 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 another44 ,kilbourn v4 ,thompson1 #ajc ,u4,s4 #afh1 #aia 7#ahha74 7#e7 ,it is ''' essential to the successful working of this system1 that the persons entrusted with power in any one 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 other44 ,id4 7#f7 ,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 them44 ,id4 at #aia-aib4 7#g7 ,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 namely-- 7,a7 the exercise of legislative power vested by the ,constitution of the ,united ,states in ,congress2 7,b7 the exercise of executive power vested by the ,constitution of the ,united ,states in the ,president2 and 7,c7 the exercise of judicial power vested by the ,constitution of the ,united ,states in the ,supreme ,court and lower ,federal courts4 7#h7 ,by delegating legislative1 executive1 and judicial power to the various administrative agencies1 ,congress has departed from the separation of powers structure of the ,constitution of the ,united ,states1 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 tyranny44 ,james ,madison1 ,the ,federalist ,no4 #dg4 7#i7 ,further1 by delegating legislative1 executive1 and judicial powers to various administrative agencies1 ,congress has unconstitutionally established a ,star ,chamber-like system of rules promulgated1 executed1 and adjudicated by administrative agencies that are functionally a part of the executive branch of the ,federal ,government in violation of the due process guarantee of the ,fifth ,amendment to the ,constitution of the ,united ,states4 7#aj7 ,by the very nature of legislative power1 and by the express terms of article ,i1 section #a of the ,constitution of the ,united ,states1 ,congress may not delegate any legislative power to any other branch of the ,federal ,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 legislative44 ,wayman v4 ,southard1 #aj ,wheat4 7#bc ,u4,s47 #a1 #db 7#ahbe74 7#aa7 ,as ,chief ,justice ,melville ,fuller explained1 a criminal offense created or clarified by an agency in the executive branch is not valid unless the offense is fully and completely defined by the act of ,congress4 ,in re ,kollock1 #afe ,u4,s4 #ebf1 #ecc 7#ahig74 7#ab7 ,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 7#ac7 ,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-- 7,a7 the checks and balances of a bicameral legislative body2 and 7,b7 a ,presidential veto4 7#ad7 ,as a direct consequence of ,congress having abdicated its responsibility to properly exercise the legislative power vested by the ,constitution of the ,united ,states1 ,congress has-- 7,a7 imposed onerous and unreasonable burdens upon the ,american people2 and 7,b7 violated the constitutional principle of the separation of the legislative1 executive1 and judicial processes and functions4 #d4 ,restoring the separation of powers 7a7 ,in general ,title #a of the ,united ,states ,code is amended by inserting after chapter #b the following3 #b;,a ,separation of powers ,sec4 #aea4 ,nondelegation of legislative power4#aeb4 ,enforcement clause4#aec4 ,applicability4 #aea4 ,nondelegation of legislative power 7a7 ,definition ,in this section1 the term delegation of legislative powers-- 7#a7 includes-- 7,a7 the creation or clarification of any criminal or civil offense2 and 7,b7 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 in an ,act of ,congress1 except that the ,executive ,branch of government may be delegated authority to make factual findings that will determine the date upon which such an ,act is implemented1 suspended1 or revived2 and 7#b7 does not include the issuance of any presidential proclamation1 or the issuance of any rule or regulation governing the internal operation of any agency1 or conditions made upon grants or contracts issued by any agency4 7b7 ,prohibition ,an ,act of ,congress may not contain any delegation of legislative powers1 whether to-- 7#a7 any component within the legislative branch of the ,federal ,government2 7#b7 the ,president or any other member of the executive branch of the ,federal ,government2 7#c7 the judicial branch of the ,federal ,government2 7#d7 any agency2 7#e7 any quasi-public agency2 7#f7 any ,state or instrumentality thereof2 or 7#g7 any other organization or individual4 7c7 ,executive actions ,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 individual or entity1 other than an officer or employee of the ,federal ,government1 may be promulgated or put into effect1 unless the directive1 decision1 rule or regulation is authorized by an ,act of ,congress that complies with subsection 7b74 7d7 ,report ,not later than #f months after the date of enactment of this chapter1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report identifying all statutes enacted before the date that is #ij days after the date of enactment of this chapter which contain any delegation of legislative powers prohibited under this section4 #aeb4 ,enforcement clause 7a7 ,in general ,an ,act of ,congress1 presidential directive1 adjudicative decision1 rule1 or regulation that does not comply with section #aea shall have no force or effect and no legal1 equitable1 regulatory1 civil1 or criminal action may be brought under such an ,act of ,congress1 presidential directive1 adjudicative decision1 rule1 or regulation4 7b7 ,cause of action ,any person aggrieved by any action of any officer or employee in the executive branch of the ,federal ,government under any ,act of ,congress that does not comply with section #aea may bring a cause of action under sections #bbja and #bbjb of title #bh against the ,united ,states to seek appropriate relief1 including an injunction against enforcement of any ,act of ,congress1 presidential directive1 adjudicative decision1 rule1 or regulation that does not comply with section #aea4 7c7 ,standard of review ,in any action brought under subsection 7b71 the standard of review shall be de novo4 #aec4 ,effective date ,this chapter shall apply to any ,act of ,congress1 presidential directive1 adjudicative decision1 rule1 or regulation1 change to an existing presidential directive1 adjudicative decision1 rule1 or regulation1 enacted or promulgated on or after the date that is #ij days after the date of enactment of this chapter4 4 7b7 ,technical and conforming amendment ,the table of chapters for title #a1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #b the following3 #b;,a4 ,separation of powers#aea 4 #e4 ,severability clause ,if any provision of this ,act or an amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be invalid for any reason in any court of competent jurisdiction1 the remainder of this ,act and amendments made by this ,act1 and the application of the provisions and amendment to any other person or circumstance1 shall not be affected4