Wicker, Cochran Back Bill to Ensure President Upholds Constitutional Responsibility

March 13, 2014

WASHINGTON – U.S. Senators Roger Wicker, R-Miss., and Thad Cochran, R-Miss., today announced that they have cosponsored legislation to ensure that a president upholds the constitutional responsibility to “take care that the laws be faithfully executed.”

The ENFORCE the Law Act of 2014 (S.2118) was introduced Wednesday by Senator Roy Blunt (R-Mo.) with Cochran and Wicker among 24 original cosponsors.  The measure would allow the House or the Senate to adopt a resolution authorizing a lawsuit against the executive branch to seek relief if a president, officer or employee of the United States refrains from enforcing any provision of federal law in violation of the requirement that the laws be faithfully executed.

“The Obama Administration has continually disregarded its constitutional obligations,” Wicker said.  “This calls for congressional action to ensure federal law is fully implemented and enforced.  The bill would allow for a more efficient judicial review process of congressional lawsuits, which is important to keeping the executive branch accountable to the law.”

“This legislation would clear away impediments to congressional action when the executive branch is not meeting its responsibility to faithfully execute our laws,” Cochran said.  “This measure would reaffirm the power and wisdom behind the checks and balances built into the Constitution.  Many Mississippians are concerned by what they see as an administration that goes out of its way to work around or ignore some federal laws.”

Courts have determined that when Congress or one House of Congress suffers an institutional injury, it must authorize any lawsuit aimed at redressing the injury.  The ENFORCE (Executive Needs to Faithfully Observe and Respect Congressional Enactments) the Law Act would put a procedure in place to allow for such authorization and expedites judicial review of such lawsuits to ensure decisions are made in a timely manner by the courts.  Consideration would be advanced, first through a three-judge panel at the federal district court level and then through a direct appeal to the U.S. Supreme Court.

In addition to Wicker and Cochran, the measure is cosponsored by Senators Lamar Alexander (Tenn.), Kelly Ayotte (N.H), John Barrasso (Wyo.), John Boozman (Ark.), Dan Coats (Ind.), Tom Coburn (Okla.), John Cornyn (Texas), Mike Crapo (Idaho), Mike Enzi (Wyo.), Deb Fischer (Neb.), Lindsey Graham (S.C.), Chuck Grassley (Iowa), Orrin Hatch (Utah), Johnny Isakson (Ga.), Mike Johanns (Neb.), Mark Kirk (Ill.), Jerry Moran (Kan.), Lisa Murkowski (Alaska), Rand Paul (Ky.), John Thune (S.D.), Tim Scott (S.C.), and David Vitter (La.).

A companion bill (HR.4138) was passed in the House of Representatives on Wednesday on a 233-181 vote, with Mississippi Representatives Gregg Harper, Alan Nunnelee and Steven Palazzo casting votes for its passage.