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H.R. 7750IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 4 · H.R. 7750

Prevention of President or Congress from preempting a State’s constitutional rights

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(a) Cause of action A State harmed by a violation of any of the rights described in subsection (b) may bring an action against the United States in the appropriate district court of the United States for appropriate relief, including injunctive relief. (b) Rights The rights described in this section are the following: (1) The Full Faith and Credit Clause (Const. Art. IV Sec. 1). (2) The right of a State legislature to consent to the formation of a new State within its jurisdiction, or the formation of a State within its jurisdiction with two or more States or parts of its State (Const. Art. IV Sec. 3). (3) The guarantee by the United States to every State of a republican form of government, protection against military invasion, and upon application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence (Const. Art. IV Sec. 4). (4) The rights of three fourths of the several States to ratify an amendment to the Constitution and the right of a State to not be deprived of its equal suffrage in the Senate (Const. Art. V). (5) The reservation to the States respectively, or the people, any powers not delegated to the United States by the Constitution nor prohibited by it to the States (Const. Amendment X). (6) The right of lawfully chosen electors for President and Vice President to meet in their respective States in order to vote by ballot, and to prepare a signed and certified list of ballots cast for transmission under seal to the seat of government, directed to the President of the Senate (Const. Amendment X). (c) Expedited appeals (1) Time for appeal to court of appeals Notwithstanding section 2107 of title 28, United States Code, a notice of appeal of a final judgment issued in an action brought under subsection (a) may be filed not later than 15 days after such judgement is entered. (2) Time for petition to Supreme Court Notwithstanding section 2101 of title 28, United States Code, a petition for a writ of certiorari may be filed not later than 15 days after the court of appeals enters a final judgement. (d) Expedited consideration It shall be the duty of the applicable district court of the United States, the applicable court of appeals of the United States, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section.

Sec. 4: Prevention of President or Congress from preempting a State’s constitutional rights · Public Law Tracker