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Separation of Powers Restoration Act

USA117th CongressHR-4317| House 
| Updated: 11/1/2022
Paul A. Gosar

Paul A. Gosar

Republican Representative

Arizona

Cosponsors (3)
Marjorie Taylor Greene (Republican)Thomas Massie (Republican)Lauren Boebert (Republican)

Foreign Affairs Committee, Rules Committee, Judiciary Committee, Constitution and Limited Government Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Separation of Powers Restoration Act This bill restricts the scope of presidential orders. A presidential order means any executive order, presidential proclamation, or presidential directive, as well as any other presidential or executive action issued under the authority of the President or other federal officer or employee that purports to effect standards and norms outside of the executive branch. Specifically, the bill limits the application of a presidential order to the executive branch unless the order is issued pursuant to certain presidential powers under the Constitution or statutory authority. The bill further specifies that the President may not issue an order under a ratified or unratified treaty (or bilateral or multilateral agreement) if the treaty (1) violates constitutional protections for rights retained by the people or powers reserved to the states, or (2) delegates power to a foreign government or international body absent constitutional authority. When issuing a presidential order, the President must cite to the applicable constitutional or statutory authority. A presidential order without this citation is invalid. Members of Congress, nonfederal government officials, and aggrieved persons may challenge an order's validity on the basis that it exceeds the President's constitutional or statutory authority. The bill also repeals the War Powers Resolution (a joint resolution that outlines procedures for Congress and the President to participate in decisions to send Armed Forces into hostilities) and terminates emergency authorities available to the President and other federal officers and employees for responding to a declared national emergency.
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Timeline

Bill from Previous Congress

HR 116-7895
Separation of Powers Restoration Act of 2020

Bill from Previous Congress

HR 116-1927
Separation of Powers Restoration Act of 2019
Jul 1, 2021
Introduced in House
Jul 1, 2021
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Nov 1, 2022
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  • Bill from Previous Congress

    HR 116-7895
    Separation of Powers Restoration Act of 2020


  • Bill from Previous Congress

    HR 116-1927
    Separation of Powers Restoration Act of 2019


  • July 1, 2021
    Introduced in House


  • July 1, 2021
    Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.


  • November 1, 2022
    Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

International Affairs

Separation of Powers Restoration Act

USA117th CongressHR-4317| House 
| Updated: 11/1/2022
Separation of Powers Restoration Act This bill restricts the scope of presidential orders. A presidential order means any executive order, presidential proclamation, or presidential directive, as well as any other presidential or executive action issued under the authority of the President or other federal officer or employee that purports to effect standards and norms outside of the executive branch. Specifically, the bill limits the application of a presidential order to the executive branch unless the order is issued pursuant to certain presidential powers under the Constitution or statutory authority. The bill further specifies that the President may not issue an order under a ratified or unratified treaty (or bilateral or multilateral agreement) if the treaty (1) violates constitutional protections for rights retained by the people or powers reserved to the states, or (2) delegates power to a foreign government or international body absent constitutional authority. When issuing a presidential order, the President must cite to the applicable constitutional or statutory authority. A presidential order without this citation is invalid. Members of Congress, nonfederal government officials, and aggrieved persons may challenge an order's validity on the basis that it exceeds the President's constitutional or statutory authority. The bill also repeals the War Powers Resolution (a joint resolution that outlines procedures for Congress and the President to participate in decisions to send Armed Forces into hostilities) and terminates emergency authorities available to the President and other federal officers and employees for responding to a declared national emergency.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 116-7895
Separation of Powers Restoration Act of 2020

Bill from Previous Congress

HR 116-1927
Separation of Powers Restoration Act of 2019
Jul 1, 2021
Introduced in House
Jul 1, 2021
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Nov 1, 2022
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  • Bill from Previous Congress

    HR 116-7895
    Separation of Powers Restoration Act of 2020


  • Bill from Previous Congress

    HR 116-1927
    Separation of Powers Restoration Act of 2019


  • July 1, 2021
    Introduced in House


  • July 1, 2021
    Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.


  • November 1, 2022
    Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Paul A. Gosar

Paul A. Gosar

Republican Representative

Arizona

Cosponsors (3)
Marjorie Taylor Greene (Republican)Thomas Massie (Republican)Lauren Boebert (Republican)

Foreign Affairs Committee, Rules Committee, Judiciary Committee, Constitution and Limited Government Subcommittee

International Affairs

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted