Presidential reform ACT
Outlined Proposal of the Presidential Reform Act
The Presidential Reform Act ensures that the President works alongside Congress, rather than unilaterally dictating policy. It restores the Founders’ vision of a balanced government, where laws are made by elected representatives, not dictated by executive fiat. It also reduces presidential influence over the judiciary, increases transparency in the pardon process, and restores congressional authority over critical decisions.
pROPOSAL
An Act to Restore Balance of Power and Limit Executive Overreach
I. Purpose & Findings
- Recognizing the Constitution’s intent for a balance of power between the Executive and Legislative branches.
- Addressing the expansion of executive authority through excessive executive orders, emergency declarations, and unilateral policymaking.
- Ensuring that Congress has a stronger role in major policy decisions while preserving the President’s ability to lead effectively.
II. Limiting Executive Orders & Actions
- Congressional Review of Executive Orders
- Any executive order with significant economic, legal, or social impact must be reviewed by Congress within 60 days.
- Congress can veto the order with a simple majority vote in both chambers.
- Sunset Provision on Major Executive Orders
- Executive orders that significantly alter policy (e.g., immigration, environmental regulations) expire after one year unless ratified by Congress.
- Limits on Rulemaking by Executive Agencies
- Regulatory agencies cannot implement rules exceeding a $100 million economic impact without congressional approval.
III. Presidential Emergency Powers Reform
- Congressional Approval for Long-Term Emergencies
- Any national emergency declaration expires after 60 days unless extended by Congress.
- Renewals require a two-thirds vote in both chambers.
- Restrictions on Military Engagement
- The President must obtain congressional authorization before engaging in military action lasting more than 30 days, except in cases of direct attacks on U.S. soil.
IV. Reducing Presidential Influence in Judicial Nominations
- Creation of a Bipartisan Judicial Nomination Commission
- A 12-member commission, composed of equal members from both major parties, as well as legal experts, will select judicial nominees for federal courts, including the Supreme Court.
- The President must choose nominees from the Commission’s shortlist, rather than unilaterally selecting judges.
- Increased Role for Congress in Judicial Appointments
- The Senate Judiciary Committee will have expanded authority to veto nominees before a formal confirmation vote.
- A supermajority (two-thirds vote) in the Senate will be required for Supreme Court nominations to encourage broader consensus.
- Term Limits for Supreme Court Justices
- Supreme Court justices will serve 18-year terms, after which they must retire or be reappointed.
- One new justice will be appointed every two years, ensuring regular turnover and reducing the political stakes of each nomination.
- Transparency & Ethical Standards for Judicial Nominations
- All federal judicial nominees must disclose all past rulings, writings, and affiliations before confirmation hearings.
- The Judicial Ethics and Transparency Board will oversee the conduct of federal judges.
V. Strengthening Congressional Oversight
- Mandatory Congressional Consultation on Major Policies
- The President must submit major policy proposals (on healthcare, taxation, foreign relations, etc.) to Congress before announcing them publicly.
- Presidential Transparency Requirements
- Requires the White House to release detailed justifications for executive actions, including legal basis and expected impacts.
- Strengthening Congressional Subpoena Power
- Failure to comply with a lawful congressional subpoena results in automatic legal penalties, including fines and suspension of funding for the executive office in violation.
VI. Restoring Legislative Authority Over Budgets
- No Unilateral Spending Decisions
- The President cannot reallocate congressionally approved funds without specific legislative authorization.
- The Impoundment Control Act is strengthened to prohibit withholding of appropriated funds without approval.
- Presidential Use of Discretionary Funds
- Limits discretionary budget reallocations to $10 billion annually without congressional approval.
VII. Congressional Oversight of Presidential Pardons
- Congressional Review of High-Profile Pardons
- Any presidential pardon for crimes related to corruption, obstruction of justice, or abuse of power will require a 10-day review period by Congress before taking effect.
- If Congress objects with a two-thirds vote in both chambers, the pardon is nullified.
- Restrictions on Self-Pardons & Pardons for Close Associates
- The President cannot pardon themselves under any circumstances.
- Pardons for family members, business associates, or political allies must be approved by a bipartisan congressional panel before taking effect.
- Public Disclosure Requirement
- All presidential pardons must be publicly disclosed within 24 hours, including a written justification from the President.
- A Pardon Review Board, composed of legal and ethics experts, will analyze the legality and appropriateness of each pardon and report to Congress.
- Limit on Lame-Duck Pardons
- No presidential pardons may be issued between Election Day and Inauguration Day unless approved by Congress.
VIII. Accountability & Checks on Presidential Power
- Independent Special Counsel for Executive Oversight
- Creates a nonpartisan, independent counsel to investigate presidential misconduct outside of the Justice Department’s control.
- Fast-Track Impeachment Review for Abuse of Power
- Establishes a judicial review panel that expedites impeachment inquiries related to clear executive overreach.
- Enhanced Whistleblower Protections
- Strengthens protections for government officials reporting executive branch abuses, preventing retaliation.
IX. Implementation & Enforcement
- Congressional Oversight Board
- A bipartisan, independent Congressional Oversight Board will monitor compliance and issue public reports on executive overreach.
- Legal Recourse for Violations
- Courts may issue injunctions on executive actions that violate the Act.
- Congress may sue the executive branch in federal court if its powers are bypassed.
