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Legislation Introduced in 106th Congress to 
Restore Separation of Powers


U.S. House

On July 30, 1999, Representative Ron Paul (Texas) and Representative Jack Metcalf (Washington) introduced H.R. 2655 – The Separation of Powers Restoration Act in the U.S. House of Representatives to reclaim our liberty by restoring the separation of powers of our national government. 

H.R. 2655 would have:

1.   Prohibited a presidential executive order from having the effect of law.

2.   Suspended all states of national emergencies declared since 1976 (the last time Congress canceled such declarations).

3.   Granted legal standing to individual members of the U.S. Congress, state officials and private citizens who believe a presidential executive order is unconstitutional.

4.   Repealed the 1973 War Powers Resolution.  

On October 27, 1999, the U.S. House Committee on Rules, Subcommittee on Legislative and Budget Process held a hearing "The Impact of Executive Orders on the Legislative Process:  Executive Lawmaking?"  William J. Olson, counsel to The Liberty Committee testified before the subcommittee.  To read Mr. Olson's testimony, please click here.  To read Mr. Olson's answers to submitted questions, please click here.

On October 28, 1999, the U.S. House Committee on Judiciary, Subcommittee on Commercial and Administrative Law held a hearing on H.R. 2655.  Representatives Paul and Metcalf testified before the subcommittee.  To read Representative Paul's testimony, please click here.  To read Representative Metcalf's testimony, please click here.  

H.R. 2655 has 44 cosponsors as of November 2, 2000.  To read an analysis of H.R. 2655, please click here.


U.S. Senate

On October 26, 1999, Senator Mike Crapo (Idaho) introduced S. 1795 – The Executive Orders Limitation Act to preserve the constitutional separation of powers by safeguarding Congress’ legislative power and to provide for more open and public knowledge about executive orders.

S. 1795 would have:

1.   Prohibited all executive orders not expressly authorized by statute or the
Constitution of the United States of America.

2.   Required the president to cite the exact constitutional or statutory authority
when issuing an executive order.

3.   Required a cost-benefit analysis and a public comment period before an executive order can take effect.

4.   Provided for expedited judicial review of questionable executive orders.

S. 1795 has seven cosponsors as of November 2, 2000.  To read an analysis 
of S. 1795, please click here.

Senator Crapo’s Press Release

Senator Crapo’s Senate Floor Statement  


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