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Separation of Powers Restoration Act

USA118th CongressHR-464| House 
| Updated: 1/24/2023
Paul A. Gosar

Paul A. Gosar

Republican Representative

Arizona

Cosponsors (2)
Thomas Massie (Republican)Harriet M. Hageman (Republican)

Foreign Affairs Committee, Rules Committee, Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Separation of Powers Restoration Act This bill restricts the ability of the President to exercise certain powers, such as declaring a national emergency. Specifically, the bill terminates all powers and authorities possessed by the President, any executive agency, or any federal officer that derive from a declaration of national emergency. It eliminates any statutory grant of authority allowing the President or any other officer or employee of the executive branch to declare a national emergency, specifying that such power is vested solely in Congress. Furthermore, for each presidential order (i.e., executive order, presidential proclamation, presidential directive, or similar presidential or executive branch instructions), the President must include a statement specifying the statutory or constitutional provision that grants the President the authority to issue the order. It also limits the effect of a presidential order to the executive branch, with certain exceptions, such as if the order cites the specific congressional enactment from which it derives its authority. The bill provides standing to challenge the validity of presidential orders to (1) certain federal, state, and local officials; and (2) persons adversely affected by the order. This 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.
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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

Bill from Previous Congress

HR 117-3494
Separation of Powers Restoration Act of 2021

Bill from Previous Congress

HR 117-4317
Separation of Powers Restoration Act
Jan 24, 2023
Introduced in House
Jan 24, 2023
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.
Jun 12, 2024

Latest Companion Bill Action

S 118-4527
Introduced in Senate
  • 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


  • Bill from Previous Congress

    HR 117-3494
    Separation of Powers Restoration Act of 2021


  • Bill from Previous Congress

    HR 117-4317
    Separation of Powers Restoration Act


  • January 24, 2023
    Introduced in House


  • January 24, 2023
    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.


  • June 12, 2024

    Latest Companion Bill Action

    S 118-4527
    Introduced in Senate

International Affairs

Separation of Powers Restoration Act

USA118th CongressHR-464| House 
| Updated: 1/24/2023
Separation of Powers Restoration Act This bill restricts the ability of the President to exercise certain powers, such as declaring a national emergency. Specifically, the bill terminates all powers and authorities possessed by the President, any executive agency, or any federal officer that derive from a declaration of national emergency. It eliminates any statutory grant of authority allowing the President or any other officer or employee of the executive branch to declare a national emergency, specifying that such power is vested solely in Congress. Furthermore, for each presidential order (i.e., executive order, presidential proclamation, presidential directive, or similar presidential or executive branch instructions), the President must include a statement specifying the statutory or constitutional provision that grants the President the authority to issue the order. It also limits the effect of a presidential order to the executive branch, with certain exceptions, such as if the order cites the specific congressional enactment from which it derives its authority. The bill provides standing to challenge the validity of presidential orders to (1) certain federal, state, and local officials; and (2) persons adversely affected by the order. This 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.
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

Bill from Previous Congress

HR 117-3494
Separation of Powers Restoration Act of 2021

Bill from Previous Congress

HR 117-4317
Separation of Powers Restoration Act
Jan 24, 2023
Introduced in House
Jan 24, 2023
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.
Jun 12, 2024

Latest Companion Bill Action

S 118-4527
Introduced in Senate
  • 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


  • Bill from Previous Congress

    HR 117-3494
    Separation of Powers Restoration Act of 2021


  • Bill from Previous Congress

    HR 117-4317
    Separation of Powers Restoration Act


  • January 24, 2023
    Introduced in House


  • January 24, 2023
    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.


  • June 12, 2024

    Latest Companion Bill Action

    S 118-4527
    Introduced in Senate
Paul A. Gosar

Paul A. Gosar

Republican Representative

Arizona

Cosponsors (2)
Thomas Massie (Republican)Harriet M. Hageman (Republican)

Foreign Affairs Committee, Rules Committee, Judiciary Committee

International Affairs

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