,i #aahth ,,congress #ast ,session ,h4 ,r4 #dfd ,,in ,,the ,,house ,,of ,,representatives ,january #bd1 #bjbc ,mr4 ,gosar 7for himself1 ,mr4 ,massie1 and ,ms4 ,hageman7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on the ,judiciary1 and ,rules1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to restore the separation of powers between the ,congress and the ,president4 #a4 ,short title ,this ,act may be cited as the ,separation of ,powers ,restoration ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,as a limit on governmental power1 constitutional framers vested ,federal powers in three coequal branches of government1 each with unique and limited powers and each with a coequal duty to uphold and sustain the ,constitution of the ,united ,states4 7#b7 ,a ,supreme ,court justice stated1 ,the doctrine of the separation of powers was adopted by the convention of #aghg not to promote efficiency but to preclude the exercise of arbitrary power4 ,the purpose was not to avoid friction1 but1 by means of the inevitable friction incident to the distribution of the governmental powers among three departments1 to save the people from autocracy4 ,myers v4 ,united ,states1 #bgb ,u4,s4 #eb1 #bic 7#aibf7 7,brandeis1 ,j41 dissenting74 7#c7 ,james ,madison1 quoting ,montesquieu1 stated in ,federalist #dg1 ,there can be no liberty where the legislative and executive powers are united in the same person1 or body of magistrates44 7#d7 ,article ,i of the ,constitution provides1 ,all legislative powers herein granted shall be vested in a ,congress of the ,united ,states44 7#e7 ,a congressional committee print has noted that1 because the ,president has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the ,constitution or by statute1 the ,president's proclamations are not legally binding and are at best hortatory unless based on such grants of authority4 #heth ,cong41 #ast ,sess41 ,executive ,orders and ,proclamations3 ,a ,study of a ,use of ,presidential ,powers 7,comm4 ,print #aieg74 7#f7 ,the ,supreme ,court has stated that1 even if ,presidents have1 without congressional authority1 taken actions only the ,congress may take1 ,congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the ,constitution in the ,government of the ,united ,states1 or any ,department or ,officer thereof44 7,youngstown ,sheet ,tube ,co4 v4 ,sawyer1 #cdc ,u4,s4 #egi 7#aieb774 7#g7 ,treaties or executive agreements which purport to assign powers not amongst those specifically granted to the ,federal ,government by the ,constitution are non-binding and cannot constitute law4 #c4 ,separation of powers restoring rescissions 7a7 ,repeal of war powers resolution ,the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aeda et seq47 is repealed4 7b7 ,termination of states of emergency 7#a7 ,in general ,all powers and authorities possessed by the ,president1 any other officer or employee of the ,federal ,government1 or any executive agency 7as defined in section #aje of title #e7 as a result of the existence of any declaration of national emergency in effect on the date of enactment of this ,act are terminated #ij days after such date4 ,such termination shall not affect-- 7,a7 any action taken or proceeding pending not finally concluded or determined on such date2 7,b7 any action or proceeding based on any act committed prior to such date2 or 7,c7 any rights or duties that matured or penalties that were incurred prior to such date4 7#b7 ,definition ,for the purpose of this subsection1 the term national emergency means a general declaration of emergency made by the ,president or any other officer or employee of the executive branch4 7c7 ,termination of authority ,to declare emergency ,to the extent that any ,act of ,congress in effect on the date of enactment of this ,act grants to the ,president or any other officer or employee of the executive branch the power to declare a national emergency1 such power is hereby divested to the ,congress alone4 #d4 ,requirement of statement of authority for presidential orders 7a7 ,statement of authority ,the ,president shall include with each ,presidential order a statement of the specific statutory or constitutional provision which in fact grants the ,president the authority claimed for such action4 7b7 ,invalidity of nonconforming orders ,a ,presidential order which does not include the statement required by subsection 7a7 is invalid1 to the extent such ,presidential order is issued under authority granted by a congressional enactment4 #e4 ,effect of presidential orders 7a7 ,limited effect of presidential orders ,a ,presidential order neither constitutes nor has the force of law and is limited in its application and effect to the executive branch4 7b7 ,exceptions ,subsection 7a7 does not apply to-- 7#a7 a reprieve or pardon for an offense against the ,united ,states1 except in cases of impeachment2 7#b7 an order given to military personnel pursuant to duties specifically related to actions taken as ,commander in ,chief of the ,armed ,forces2 or 7#c7 a ,presidential order citing the specific congressional enactment relied upon for the authority exercised in such order and-- 7,a7 issued pursuant to such authority2 7,b7 commensurate with the limit imposed by the plain language of such authority2 and 7,c7 not issued pursuant to a ratified or unratified treaty or bilateral or multilateral agreement which-- 7i7 violates the ninth or tenth amendments to the ,constitution2 or 7ii7 makes a delegation of power to a foreign government or international body when no such delegating authority exists under the ,constitution4 #f4 ,standing to challenge presidential orders which impact separation of powers integrity ,the following persons may bring an action in an appropriate ,united ,states court to challenge the validity of any ,presidential order which exceeds the power granted to the ,president by the relevant authorizing statute or the ,constitution3 7#a7 ,congress and its members ,the ,house of ,representatives1 the ,senate1 any ,senator1 and any ,representative to the ,house of ,representatives1 if the challenged ,presidential order-- 7,a7 infringes on any power of ,congress2 7,b7 exceeds any power granted by a congressional enactment2 or 7,c7 violates section #d because it does not state the statutory authority which in fact grants the ,president the power claimed for the action taken in such ,presidential order4 7#b7 ,state and local governments ,the highest governmental official of any ,state1 commonwealth1 district1 territory1 or possession of the ,united ,states1 or any political subdivision thereof1 or the designee of such person1 if the challenged ,presidential order infringes on the powers afforded to the ,states under the ,constitution4 7#c7 ,aggrieved persons ,any person aggrieved in a liberty or property interest adversely affected directly by the challenged ,presidential order4 #g4 ,definition of presidential order ,in this ,act1 the term ,presidential order means-- 7#a7 any ,executive order1 ,presidential proclamation1 or ,presidential directive2 and 7#b7 any other ,presidential or ,executive action by whatever name described purporting to have normative effect outside the executive branch which is issued under the authority of the ,president or any other officer or employee of the executive branch4