text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Separation of Powers Restoration 
  Act''.
  
  SEC. 2. FINDINGS.
  
      The Congress finds the following:
              (1) As a limit on governmental power, Constitutional 
          framers vested Federal powers in three coequal branches of 
          government, each with unique and limited powers and each with a 
          coequal duty to uphold and sustain the Constitution of the 
          United States.
              (2) A Supreme Court justice stated, ``The doctrine of the 
          separation of powers was adopted by the convention of 1787 not 
          to promote efficiency but to preclude the exercise of arbitrary 
          power. The purpose was not to avoid friction, but, by means of 
          the inevitable friction incident to the distribution of the 
          governmental powers among three departments, to save the people 
          from autocracy.'' Myers v. United States, 272 U.S. 52, 293 
          (1926) (Brandeis, J., dissenting).
              (3) James Madison, quoting Montesquieu, stated in 
          Federalist 47, ```There can be no liberty where the legislative 
          and executive powers are united in the same person, or body of 
          magistrates.'''
              (4) Article I of the Constitution provides, ``All 
          legislative powers herein granted shall be vested in a Congress 
          of the United States.''
              (5) A congressional committee print has noted that, 
          ``[b]ecause 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 statute, the President's proclamations are not legally 
          binding and are at best hortatory unless based on such grants 
          of authority.'' 85th Cong., 1st Sess., Executive Orders and 
          Proclamations: A Study of a Use of Presidential Powers (Comm. 
          Print 1957).
              (6) The Supreme Court has stated that, even if Presidents 
          have, without congressional authority, taken actions only the 
          Congress may take, ``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 States, or any Department of 
          Officer thereof.''' (Youngstown Sheet and Tube Co. v. Sawyer, 
          343 U.S. 579 (1952)).
              (7) 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 law.
  
  SEC. 3. EFFECT OF PRESIDENTIAL ORDERS.
  
      (a) 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 branch.
      (b) Exceptions.--Subsection (a) does not apply to--
              (1) a reprieve or pardon for an offense against the United 
          States, except in cases of impeachment;
              (2) an order given to military personnel pursuant to duties 
          specifically related to actions taken as Commander in Chief of 
          the Armed Forces; or
              (3) a Presidential order citing the specific congressional 
          enactment relied upon for the authority exercised in such order 
          and--
                      (A) issued pursuant to such authority;
                      (B) commensurate with the limit imposed by the 
                  plain language of such authority; and
                      (C) not issued pursuant to a ratified or unratified 
                  treaty or bilateral or multilateral agreement which--
                              (i) violates the ninth or tenth amendments 
                          to the Constitution; or
                              (ii) makes a delegation of power to a 
                          foreign government or international body when 
                          no such delegating authority exists under the 
                          Constitution.
  
  SEC. 4. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS.
  
      (a) Statement of Authority.--The President shall provide for each 
  Presidential order a statement of the specific statutory or 
  constitutional provision which in fact grants the President the 
  authority claimed for such action.
      (b) Invalidity of Nonconforming Orders.--A Presidential order which 
  does not include the statement required by subsection (a) is invalid, 
  to the extent such Presidential order is issued under authority granted 
  by a congressional enactment. This subsection applies to Presidential 
  orders in effect on or after the date that is 180 days after the date 
  of enactment of this Act.
  
  SEC. 5. 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 Constitution:
              (1) Congress and its members.--The Congress, the House of 
          Representatives, the Senate, any Senator, and any 
          Representative to the House of Representatives, if the 
          challenged Presidential order--
                      (A) infringes on any power of Congress;
                      (B) exceeds any power granted by a congressional 
                  enactment; or
                      (C) violates section 4 because it does not state 
                  the statutory authority which in fact grants the 
                  President the power claimed for the action taken in 
                  such Presidential order.
              (2) State and local governments.--The highest governmental 
          official of any State, commonwealth, district, territory, or 
          possession of the United States, or any political subdivision 
          thereof, or the designee of such person, if the challenged 
          Presidential order infringes on a power of such State or on a 
          power afforded to such commonwealth, district, territory, or 
          possession under any congressional enactment or relevant treaty 
          of the United States.
              (3) Aggrieved persons.--Any person aggrieved in a liberty 
          or property interest adversely affected directly by the 
          challenged Presidential order.
  
  SEC. 6. NATIONAL EMERGENCY POWER DIVESTED TO CONGRESS.
  
      (a) Divestiture 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 emergency, such power 
  is hereby divested to the Congress alone.
      (b) Termination of Powers Under Existing States of Emergency.--
              (1) In general.--All powers and authorities possessed by 
          the President, any other officer or employee of the Federal 
          Government, or any executive agency (as defined in section 105 
          of title 5, United States Code) as a result of the existence of 
          any declaration of national emergency in effect on the date of 
          enactment of this Act are terminated 90 days after the date of 
          enactment of this Act. Such termination shall not affect--
                      (A) any action taken or proceeding pending that is 
                  not finally concluded or determined before such date of 
                  termination;
                      (B) any action or proceeding based on any act 
                  committed before such date termination; or
                      (C) any rights or duties that matured or penalties 
                  that were incurred prior to such date of termination.
              (2) National emergency defined.--For the purpose of this 
          subsection, the term ``national emergency'' means a general 
          declaration of emergency made by the President or any other 
          officer or employee of the executive branch.
  
  SEC. 7. PRESIDENTIAL ORDER DEFINED.
  
      In this Act, the term ``Presidential order'' means--
              (1) any Executive order, Presidential proclamation, or 
          Presidential directive; and
              (2) 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 
          branch.
target: Separation of Powers Restoration Act - States that a presidential order, with specific exceptions, neither constitutes nor has the force of law and is limited in application and effect to the executive branch.Directs the President to provide with each presidential order a statement of the specific statutory or constitutional authority for such action.Authorizes both Houses of Congress, a Senator or Representative, certain State and local officials, and certain aggrieved persons to bring an action to challenge the validity of any presidential order which exceeds the power granted to the President by the relevant authorizing statute or the Constitution.States that, to the extent that any Act of Congress grants to the President or any other executive officer or employee the power to declare a national emergency, such power is divested to Congress alone.Terminates after 90 days all powers and authorities possessed by the President or any other Federal officer or employee or executive agency as a result of the existence of a declaration of national emergency in effect on the date of enactment of this Act.
feat_title: To restore the separation of powers between the Congress and the President.