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H.R. 4321 (114th): Separation of Powers Restoration and Second Amendment Protection Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jan 6, 2016.


Separation of Powers Restoration and Second Amendment Protection Act

This bill expresses the sense of Congress that any executive order, memoranda, proclamation, or signing statement issued by the President that infringes on the powers and duties of Congress under article I, section 8 of the Constitution or the Second Amendment, or that would require the expenditure of federal funds not specifically appropriated for such executive action, is advisory only and has no force or effect unless enacted as law.

The bill nullifies any such executive action and prohibits the use of appropriated funds to promulgate or enforce any such action.

The following persons may bring a civil action in an appropriate U.S. district court to challenge the validity of any such executive action: (1) any Member or either or both chambers of Congress, (2) the highest governmental official of any state or political subdivision if the challenged action infringes on a power of such state under any congressional enactment or relevant treaty, and (3) any person aggrieved of the challenged executive action with respect to a liberty or property interest adversely affected directly by the executive action.