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.
If enacted, HB 464 would significantly change the dynamics of executive power by restricting the President's abilities to make decisions without congressional approval, particularly concerning national emergencies. It would directly impact previous laws that allowed presidential declarations of emergency, effectively repealing the War Powers Resolution. By doing this, the bill is intended to reassert Congress's legislative authority and return to a legislative-centric decision-making process when it comes to national and security matters.
House Bill 464, titled the 'Separation of Powers Restoration Act,' was introduced to reinforce the separation of powers between Congress and the President of the United States. The bill seeks to limit presidential powers, particularly regarding the declaration of national emergencies. Specifically, it aims to terminate all powers associated with national emergency declarations that are currently held by the President and any federal officials, shifting this authority entirely to Congress. Additionally, the bill mandates that any presidential order must be accompanied by a statement of the statutory or constitutional authority that grants the President the power to issue such a directive.
The bill is likely to spark debates among lawmakers and the public regarding the balance of power within the federal government. Proponents may argue that it is necessary to prevent potential abuses of power by the executive branch and to uphold Congress's role as the legislative body, especially in times of crisis. Critics, however, might contend that such restrictions could hinder timely and effective responses to emergencies, thereby compromising national security. Furthermore, the implications of this bill could open discussions about the fundamental principles of checks and balances, as the separation of powers has been a foundational aspect of American governance.