Text: S.2118 — 113th Congress (2013-2014)All Information (Except Text)

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Introduced in Senate (03/12/2014)


113th CONGRESS
2d Session
S. 2118


To protect the separation of powers in the Constitution of the United States by ensuring that the President takes care that the laws be faithfully executed, and for other purposes.


IN THE SENATE OF THE UNITED STATES

March 12, 2014

Mr. Blunt (for himself, Mr. Cornyn, Mr. Scott, Mr. Moran, Mr. Paul, Mr. Thune, Mr. Vitter, Ms. Murkowski, Mr. Kirk, Mr. Crapo, Mr. Barrasso, Mr. Johanns, Mr. Coburn, Mr. Wicker, Mr. Coats, Mr. Cochran, Mr. Grassley, Mr. Alexander, Ms. Ayotte, Mr. Graham, Mr. Hatch, Mr. Boozman, Mr. Enzi, Mrs. Fischer, and Mr. Isakson) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To protect the separation of powers in the Constitution of the United States by ensuring that the President takes care that the laws be faithfully executed, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law Act of 2014” or the “ENFORCE the Law Act of 2014”.

SEC. 2. Authorization to bring civil action for violation of the take care clause.

(a) Authorization.—

(1) IN GENERAL.—Upon the adoption of a resolution of a House of Congress declaring that the President, the head of any department or agency of the United States, or any other officer or employee of the United States has established or implemented a formal or informal policy, practice, or procedure to refrain from enforcing, applying, following, or administering any provision of a Federal statute, rule, regulation, program, policy, or other law in violation of the requirement that the President take care that the laws be faithfully executed under article II, section 3, clause 5, of the Constitution of the United States, that House may bring a civil action in accordance with subsection (b) (including an action seeking relief under sections 2201 and 2202 of title 28, United States Code). A civil action brought under this paragraph may be brought by a single House of Congress or both Houses of Congress jointly, if both Houses have adopted such a resolution.

(2) RESOLUTION DESCRIBED.—For the purposes of paragraph (1), the term “resolution” means only a resolution—

(A) the title of which is as follows: “Relating to the application of article II, section 3, clause 5, of the Constitution of the United States.”;

(B) which does not have a preamble; and

(C) the matter after the resolving clause of which is as follows: “That _______ has failed to meet the requirement of article II, section 3, clause 5, of the Constitution of the United States to take care that a law be faithfully executed, with respect to _________.” (the blank spaces being appropriately filled in with the President or the identity of the person acting on behalf of the President, and the administrative action in question described in paragraph (1), respectively).

(b) Special rules.—In any civil action brought by the Senate or the House of Representatives under subsection (a)(1)—

(1) the civil action—

(A) may be filed in a United States district court of competent jurisdiction; and

(B) shall be heard by a 3-judge court convened in accordance with section 2284 of title 28, United States Code;

(2) a final decision in the civil action shall be reviewable only by appeal directly to the Supreme Court of the United States;

(3) an appeal described in paragraph (2) shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision; and

(4) it shall be the duty of the United States district courts and the Supreme Court of the United States to advance on the docket and to expedite to the greatest extent possible the disposition of the civil action and appeal.


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