[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3621 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3621

To confer standing on State legislators and Governors to bring suit in 
  Federal district court to preserve the residual core sovereignty of 
States under the Constitution as expressed in the Tenth Amendment, and 
          to enforce the Guarantee Clause of the Constitution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2005

Mr. Culberson introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To confer standing on State legislators and Governors to bring suit in 
  Federal district court to preserve the residual core sovereignty of 
States under the Constitution as expressed in the Tenth Amendment, and 
          to enforce the Guarantee Clause of the Constitution.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. STANDING TO SEEK JUDICIAL REVIEW.

    (a) Standing.--
            (1) State legislators.--Any member of a State legislative 
        body, upon the adoption of a resolution by the body, 
        authorizing suit on behalf of the State, shall have standing to 
        bring an action on the ground that a Federal statute, rule, 
        regulation, or program--
                    (A) invades or otherwise violates or intrudes upon 
                the residual core sovereign authority of the State 
                under the Constitution as expressed in the Tenth 
                Amendment; or
                    (B) damages or otherwise diminishes the republican 
                form of government in the State.
            (2) Governors.--The Governor of a State shall have standing 
        to bring an action on the ground that a Federal statute, rule, 
        regulation, or program--
                    (A) invades or otherwise violates or intrudes upon 
                the residual core sovereign authority of the State 
                under the Constitution as expressed in the Tenth 
                Amendment; or
                    (B) damages or otherwise diminishes the republican 
                form of government in the State.
    (b) Venue.--An action under subsection (a) may be brought only in a 
district court of the United States for a judicial district that 
includes, in whole or in part, the geographic area represented by one 
of the authorized plaintiffs.
    (c) Relief.--In any action brought under subsection (a), the court 
may grant injunctive relief, declaratory relief, or such other relief 
as the court deems appropriate.
    (d) No Sanctions for Suit.--A person authorized to bring an action 
under subsection (a) shall not be subject to any sanction or liability 
for bringing, or participating in, the action, and shall not be liable 
for any attorney's fees of any defendant, or any court costs, with 
respect to the action.
    (e) Expedition.--A court having jurisdiction over an action brought 
under this section shall take all necessary and appropriate actions to 
advance on the docket and to expedite to the greatest possible extent 
the disposition of any matter brought under this section.
    (f) Legal Representation.--A person bringing an action under 
subsection (a) shall be represented by the attorney general, or 
equivalent officer, of any State in the geographic area represented by 
one of the authorized plaintiffs, unless another provision of law 
prohibits such representation.
    (g) Cumulative Rights.--The rights created by this section are in 
addition to the rights of any person under law.
    (h) Intervention.--A copy of any complaint in an action brought 
under this section by or on behalf of a State shall be promptly 
delivered to the Governor of each other State, and to the administering 
authorities of the legislative bodies of each other State who shall be 
encouraged to notify the members of such bodies of the filing of the 
action. Any such Governor shall have the right to intervene in any such 
action. Any member of any such State legislative body shall have the 
right to intervene in any such action upon the adoption of a resolution 
by the body authorizing intervention on behalf of the State.
    (i) Severability.--If any provision of this section, or the 
application of such provision to any person or circumstance, is held 
invalid, the remainder of this section, or the application of such 
provision to persons or circumstances other than those to which such 
provision is held invalid, shall not be affected thereby.
    (j) Intent of the Congress.--It is the intent of the Congress that 
this Act be expansively construed and vigorously enforced--
            (1) to preserve and protect the residual core sovereign 
        authority of the States;
            (2) to maintain a clearly definable boundary between 
        Federal power and State power; and
            (3) to preserve political accountability and individual 
        liberty by the preservation of our Federal system of dual 
        sovereignty between the States and the Federal Government.
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