Separation of Powers Restoration Act

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.