This week, I introduced the Separation of Powers Restoration Act, legislation that restores the Constitution’s basic principle of dividing the federal government into separate branches with independent powers.
Separation of powers is a doctrine of constitutional law under which the federal government is separated into the executive, legislative and judicial branches. Each branch has separate powers and one branch is not allowed to exercise the powers of the other branches. Simply stated, Congress writes the laws, and the executive branch enforces the laws.
For too long, the executive branch, regardless of political party, has developed an unbridled concentration of power never envisioned by the Founding Fathers. From forever wars, endless executive orders, to overreaching emergency declarations, the executive has greatly weakened our system of checks and balances.
This overreach of concentrated power has been on full display during the COVID-19 pandemic. Our county has been living under a COVID-19 emergency declaration for well over a year. With cases falling, vaccine rates rising, and states reopening, it is prudent for Congress to consider the merit of the emergency declaration continuation. Unfortunately, when I recently introduced a joint resolution to terminate the emergency declaration, House Democrats refused to take up my legislation, even though Congress is required to do so by law.
Congress must not surrender its powers to the executive branch. In response, I introduced the Separation of Powers Restoration Act which repeals the War Powers Resolution Act, terminates all states of emergency, reinvests national emergency declaration authority in Congress, blocks all Presidential orders unless it is the President acting with express authority granted in the Constitution or given by an Act of Congress, and gives members of Congress, state and local governments, and the People, standing to challenge Presidential orders in court which exceed executive power.
Click here to read the full text of my press release as well as copy of this commons sense
legislation.