Repeal of Rules Enabling Act
113th Congress
1st Session
S. ____
To retroactively repeal certain unconstitutional legislation concerning securities and other matters.
IN THE UNITED STATES SENATE
January 25, 2013
Mr. ROLAND of Texas introduced the following bill; which was referred to the Judiciary Committee.
A BILL
To repeal the Rules Enabling Act, Ch. 651, Pub.L. 73-415, 48 Stat. 1064, enacted June 19, 1934, 28 U.S.C. § 2072.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the 'Repeal of Rules Enabling Act'.
SEC. 2. FINDINGS AND AUTHORITY.
1. Congress finds the Rules Enabling Act to be an unconstitutional delegation of lawmaking authority, contrary to United States Constitution, Article I, Section 1
2. The authority for this act is the United States Constitution, Article I, Section 1.
SEC. 3. ENACTMENT AND REPEALS.
1. Ch. 651, Pub.L. 73-415, 48 Stat. 1064, and amendments thereto, is repealed, effective one year from the date of enactment hereof, and subsequently all court rules of procedure or evidence must be enacted by Congress.
2. Each court may apply temporary local rules for up to 30 days without the consent of Congress, but not thereafter.
SEC. 4. REMEDIATION.
1. Any party shall have standing to challenge the constitutionality of any judicial rule, which shall be presumed unconstitutional unless it is proved constitutional to a unanimous verdict of a randomly selected jury of twelve.
2. Persons injured by the repealed act while it was enacted shall be entitled to just compensation therefor, upon adjudication in the United States Court of Claims, or other court of competent jurisdiction.
END.
