(This action is part of the Catalog of Legislative Actions.)
Establishes a statutory framework for [State/Local Jurisdiction] to defend its people and restore constitutional governance in response to the federal authoritarian takeover.
Declares the constitutional crisis, affirms the duty of state and local officials to act, and provides for coordinated, transparent, and temporary measures to protect residents and reestablish lawful government.
Creates a public task force open to all legislators, with invited participation from community representatives and others with relevant experience, to coordinate legislative and legal action and facilitate public involvement.
Creates a private right of action in state court against federal officers, and those acting on their behalf, for conduct carried out in furtherance of the federal authoritarian takeover.
Allows the Attorney General of [state/locality] to bring that action on behalf of the people.
Empowers the [Governor/local executive] to use the jurisdiction's civil regulatory powers, such as licensing, permitting, contracting, and property authority, against those who carry out or aid the federal authoritarian takeover.
Authorizes additional legislative measures, including those in the Catalog of Legislative Actions, to be incorporated into this Act upon enactment or by subsequent amendment.
Limits jurisdiction over the interpretation and application of this Act and its measures to courts of [state/locality] and others that adhere to its constitutional principles.
Sunsets upon a legislative determination that constitutional governance has been restored, but accrued obligations and liabilities remain enforceable, and statutes of limitation are tolled during periods of federal obstruction.
RESTORE THE CONSTITUTION ACT
[Drafter note: This model is tailored to states. A locality adopting it must adapt it to its own structure and powers. The most significant adaptations are Section 6 (which assumes the jurisdiction has its own courts) and the Section 4(c)(1) list of enforcement powers (a locality holds only some of them). Throughout, "[Governor/local executive]" is the Governor for a state and the locality's chief executive (mayor, county executive, or the like) for a locality, and "[legislature]" is the state's or locality's democratically elected legislature. See the notes at Section 4(c)(1) and Section 6.]
SECTION 1. LEGISLATIVE FINDINGS AND PURPOSE.
In support of this Act, the [legislature] makes the following findings:
(a) The [legislature] finds that the current federal executive has abandoned constitutional governance, including by routinely, repeatedly, and continually:
- refusing to execute the duly enacted laws of Congress;
- defying court orders and established doctrine;
- violating fundamental rights, including free speech, due process, and equal protection;
- persecuting members of disfavored groups;
- illegally wielding state power against political opponents;
- dismantling oversight mechanisms and other institutional safeguards necessary to ensure just application of federal law; and
- impeding democratic accountability through pervasive lying and coercion.
(b) The [legislature] finds further that, through its illegal acts, the federal executive is failing to fulfill its basic responsibilities and is endangering the lives and welfare of the people of [state/locality], including by
- unlawfully misallocating taxpayer funds in violation of congressional authority;
- dismantling or degrading essential federal agencies responsible for public welfare, economic stability, and emergency response; and thereby
- leaving the people of [state/locality] without vital services and protections.
(c) The [legislature] finds further that the federal executive is engaging in tactics that are well-documented methods of authoritarian consolidation, including
- politicizing federal agencies to target political adversaries and shield loyalists;
- purging independent officials responsible for investigating and checking abuses of power;
- suppressing dissent and coercing the media to manipulate public information;
- distorting or censoring official information, research, education, and the historical record, to impose an approved version of the truth;
- corrupting the U.S. military by replacing neutral leaders with loyalists;
- undermining electoral integrity to secure illegitimate power;
- misusing military and paramilitary forces, within the nation and abroad;
- converting public office into an instrument of private enrichment for the federal executive and a favored private network, including through foreign-linked payments and benefits, in order to reward and sustain those who help entrench its power; and
- aligning the United States with authoritarian regimes while undermining democratic alliances.
These actions demonstrate a deliberate strategy to entrench autocratic rule, making an urgent response imperative.
(d) The [legislature] further finds that federal officers, employees, and agents who knowingly carry out or advance the illegal directives described in this Section are themselves engaged in unlawful conduct.
(e) The [legislature] further finds that private individuals, businesses, and organizations that, for their own private benefit, aid the federal executive's attack on the Constitution, are an essential element in the consolidation of authoritarian power.
(f) The [legislature] further finds that the people of [state/locality] require the support of their governing institutions to effectively resist the federal authoritarian takeover, as only collective action through state and local governments can marshal the necessary authority and resources to uphold constitutional governance.
(g) The [legislature] further finds that meaningful resistance to authoritarianism requires cooperation among jurisdictions as well as with engaged individuals and organizations across the United States who are committed to restoring democratic governance.
(h) The [legislature] further finds that Congress and the federal courts have proven unable or unwilling to restore constitutional governance in response to the federal executive's lawlessness.
(i) The [legislature] finds and declares that, under these extraordinary circumstances, [state/locality] has both the authority and the duty to protect its residents from the consequences of the federal executive's lawlessness and work to reinstate the constitutional order.
(j) This Act provides a statutory framework for adopting and coordinating legislative measures, legal defenses, enforcement powers, and protective actions designed to resist the federal authoritarian takeover, make participation in it more difficult and more costly, defend the rights of the people, and work to restore the effective operation of the Constitution. All actions taken under this Act must be temporary and limited to what is necessary to restore legitimate constitutional governance. Broad public participation, transparency, and cooperation with other jurisdictions are essential to the success of this effort.
SECTION 2. DEFINITIONS.
For purposes of this Act:
(a) The "federal authoritarian takeover" means the federal executive's conduct described in Section 1, together with federal directives that arise from, aim at, or serve to advance that conduct.
(b) The "federal executive" means the President and the federal officers, employees, agencies, and agents of the executive branch of the United States, including any person acting in such capacity whether or not formally employed by the federal government.
[Drafter note: Additional definitions may be added.]
SECTION 3. CONSTITUTIONAL AUTHORITY AND THE DUTY TO RESIST THE FEDERAL AUTHORITARIAN TAKEOVER AND DEFEND CONSTITUTIONAL DEMOCRACY
(a) The authority of the federal government over [state/locality] derives from the consent of the governed, as expressed in, and established by, the Constitution of the United States. The Constitution that the people of the United States and of [state/locality] agreed to be bound by, however, does not include an executive that routinely refuses to execute the laws of Congress, tramples constitutionally protected rights, and uses the outward forms of law to entrench power and suppress dissent.
(b) The authority of federal law over state law, in turn, derives from the Supremacy Clause of the United States Constitution, Article VI, which states that the Constitution and laws made in pursuance thereof are the supreme law of the land. Federal directives are not made in pursuance of the Constitution and laws of the United States, however, where they arise from, aim at, or serve to advance a federal authoritarian takeover characterized by systemic constitutional breakdown and abandonment of the rule of law.
(c) The United States Constitution, Article VI, further requires that all state legislators, as well as state executive and judicial officers, be bound by oath or affirmation to support the Constitution. It is this same Clause that commits federal legislators and executive and judicial officers to support the Constitution. It is these federal officials who bear the primary constitutional duty to ensure that the federal executive complies with constitutional requirements. When the federal executive is engaged in a sustained and systematic attack on the Constitution, however, and federal actors have demonstrated that they are unable or unwilling to defend the Constitution, nothing in Article VI or elsewhere frees state legislators or other state officers from their own, independent Article VI duty to support the Constitution. While Article VI makes state law subordinate to valid federal law, it does not subordinate state officials to federal officials as constitutional actors. Nothing in Article VI or elsewhere requires or permits state legislators or other state officers to aid a lawless federal executive in destroying constitutional governance, whether through active assistance or through passive capitulation. To the contrary, whenever the Constitution is under attack, regardless by whom, Article VI requires state legislators and other state officers to act vigorously in its defense.
(d) Where a provision of this Act conflicts with a federal directive, the enactment of that provision constitutes a determination by the [legislature] that the federal directive is not made in pursuance of the Constitution and laws of the United States, because it arises from, aims at, or, under current conditions, serves the federal authoritarian takeover. In such cases, the provisions of this Act shall govern within [state/locality]. The same determination governs any action or defense challenging this Act or any exercise of authority or enforcement under it; a federal directive or claim of federal authority that serves the federal authoritarian takeover affords no defense to enforcement under this Act.
(e) The [legislature] shall, through this Act and its amendments, adopt measures necessary to protect the people of [state/locality] and to reinstate constitutional governance in the United States. These measures may include rejecting unlawful federal mandates, providing legal or material protections, or taking actions that would not be appropriate under normal constitutional conditions. The [legislature] may take such steps whether or not a particular federal directive is formally declared invalid, guided at all times by the overarching goals of public protection and constitutional restoration.
(f) History shows that authoritarian regimes consolidate power while opposition remains passive or compliant. Failure to resist the federal authoritarian takeover during this phase risks the permanent demise of our constitutional system and grave, irreparable harm to the people of [state/locality]. It is the duty of this jurisdiction to act while action is still possible.
(g) The [legislature] affirms that actions adopted pursuant to this Act are undertaken in fulfillment of [state/locality]'s duty to protect its people and contribute to the restoration of constitutional governance in the United States.
(h) This Act provides a structured, transparent, and time-limited process to exercise this authority, recognizing that extraordinary measures are justified only by extraordinary circumstances.
SECTION 4. LEGISLATIVE MEASURES ADOPTED UNDER THE ACT.
[Drafter note (adoption and tailoring): This section holds the specific measures the jurisdiction adopts under the Act. Each measure is a separate subsection, and further measures may be added here, whether at initial enactment or by later amendment. This core version provides three measures: the private right of action, the Attorney General enforcement action, and the [Governor/local executive] empowerment regime. A jurisdiction with the capacity to support them is encouraged to adopt all three. Alternatively, an adopter may enact any one or two of the three. (The Attorney General action operates by authorizing the Attorney General to bring the private right of action on behalf of the people, so it would need to be modified if adopted without the private right of action.) An adopter may also enact other measures, drawn from the Catalog of Legislative Actions or elsewhere, from the outset (whether or not in combination with the measures modeled here). Localities, and states whose law differs, may need to modify these measures or select different Catalog items to fit their authority.]
(a) Private Right of Action. Any person who suffers injury or deprivation of rights caused by conduct carried out under or in furtherance of the federal authoritarian takeover by a person who is, or is acting on behalf of, a federal officer, employee, or agent, may bring a civil action for damages or other appropriate relief against such person in the courts of [state/locality]. It shall be no defense that the defendant acted under orders of a superior in the federal executive if a reasonable person in the same position would have known that the conduct was illegal.
(b) Attorney General Enforcement. The Attorney General of [state/locality] may bring an action under subsection (a) on behalf of the people of [state/locality].
(c) Empowerment of the [Governor/local executive] to Use [State/Locality] Regulatory Powers to Confront the Federal Authoritarian Takeover.
(1) The [Governor/local executive], upon a determination that a person who is, or is acting on behalf of, a federal officer, employee, or agent, engaged in conduct that furthered the federal authoritarian takeover and knew, or a reasonable person in such position would have known, that the conduct was unlawful, may, where reasonably calculated to remediate the harm caused by such conduct or to prevent or discourage such conduct in the future, take one or more of the following actions:
(A) seize property held or owned by such person;
(B) revoke or suspend a professional license of such person, including but not limited to licenses to practice law, medicine, accounting, real estate, and other licensed professions;
(C) revoke or suspend the right of such person, or of a corporation or other entity controlled by, or operated for the material benefit of, such person, to operate a business in [state/locality];
(D) restrict the use of land by such person, including denial of permits, zoning approvals, and other land-use authorizations;
(E) deny, suspend, revoke, or debar state and local contracts, procurement eligibility, grants, loans, tax incentives, and other discretionary economic benefits to such person;
(F) impose civil monetary penalties on, or create and enforce liens against the property of, such person;
(G) deny such person access to, or use of, state and local property, facilities, and services;
(H) deny, suspend, revoke, or condition any permit, registration, certification, or other authorization issued by [state/locality] to such person, including but not limited to environmental, health, safety, transportation, and insurance authorizations; or
(I) exercise any other civil regulatory power of [state/locality] against such person, where the power exercised bears a direct and substantial nexus to the wrongful conduct.
[Drafter note: The actions listed should be tailored to the adopting jurisdiction's actual executive powers: the enumerated actions may be narrowed where the executive lacks the authority, expanded where the jurisdiction holds additional powers, replaced with different powers, or adjusted in their specifics.]
(2) A deprivation of property or of any other right under paragraph (1) shall either:
(A) be of property or a right used in or derived from the wrongful conduct; or
(B) not exceed in value the amount of the harm caused or reasonably threatened by the wrongful conduct, including the harm to the constitutional rights of the people of [state/locality].
(3) The [Governor/local executive] shall use the authority created by this subsection to the fullest extent consistent with the purposes of this Act. The determination of when, how, and under what circumstances to exercise which specific powers granted by this subsection, and with respect to which particular parties, so as best to serve those purposes is within the discretion of the [Governor/local executive].
[Drafter note: These are coercive powers—they can deprive a person of property, of a professional license, or of the ability to do business—so their exercise must be attended by due process. A person against whom a power is used must have notice, an opportunity to be heard, and a genuine avenue to challenge the action in a court of [state/locality], both as to whether the criteria of this subsection were met and on any other ground available to that person, including constitutional objections and the limits in paragraph (2). The model Act does not include the particular procedure, because the appropriate process is highly jurisdiction-specific and most jurisdictions already have one that can be adapted. The [state/locality]'s civil-forfeiture procedures may supply it and may be incorporated here, or, where those are unavailable or unsuitable, its standard administrative-enforcement procedures may serve. In either case the procedures should require no criminal conviction as a predicate and should place the burden of proof on [state/locality]. The adopting jurisdiction should also settle the standard of judicial review of an exercise and whether to provide an administrative-review step.]
(4) The [Governor/local executive]'s exercise of a power under this subsection shall be reported to the [legislature] and to the Public Task Force established under Section 5, together with the basis for the determination required by paragraph (1), within thirty days of the action.
(d) [Reserved: Legislative measures adopted under this Act, including but not limited to those drawn from the Catalog of Legislative Actions or developed independently by the [legislature], shall be inserted below as adopted.]
SECTION 5. ESTABLISHMENT OF A PUBLIC TASK FORCE.
(a) Establishment.
There is hereby established a Public Task Force for Restoring the Constitution (the "Task Force") to support the development, coordination, and implementation of actions pursuant to this Act.
(b) Membership.
All members of the [legislature] shall be eligible to participate in the Task Force. The Task Force shall invite participation from community representatives and people with relevant knowledge or experience.
(c) Public Participation.
The Task Force shall operate as a public forum, open to meaningful participation by members of the public. It shall actively encourage public engagement through accessible meetings, inclusive procedures, and public-facing communication. Any resident may submit ideas, proposals, or analysis to the Task Force, whether or not they are formally designated as experts or members. The Task Force shall consider such contributions in good faith and may invite members of the public to participate in subgroups or discussions based on interest, experience, or expertise. Meetings shall include meaningful opportunities for public dialogue and shall not limit public input to pro forma comment periods.
(d) Operations.
The Task Force shall operate transparently and in accordance with applicable open meetings laws. Meetings shall be publicly noticed, open to the public, and documented. Agendas and materials shall be published in advance whenever feasible. The Task Force shall establish one or more accessible channels for public comment and public submissions, including the submission of proposed legislative, legal, or policy actions.
(e) Functions.
The Task Force shall coordinate the development of legislative, legal, and policy measures consistent with the purposes of this Act. It shall identify and evaluate potential actions and may recommend such actions for adoption by the [legislature].
(f) Coordination with Other Jurisdictions.
The Task Force shall actively seek to coordinate with officials and task forces in other jurisdictions engaged in similar efforts. It may participate in interjurisdictional networks, coalitions, or joint initiatives, and may share findings, proposals, and strategies to support the broader restoration of constitutional governance and the protection of the people. It shall make reasonable efforts to incorporate lessons learned and model actions from other jurisdictions.
(g) Reporting.
The Task Force shall issue public reports at least once each month, describing its activities, findings, and recommendations. Reports shall be submitted to the [legislature] and made publicly available.
(h) Initiation and Duration.
The Task Force shall convene for its first session no later than thirty days after adoption of this Act and shall continue to operate until the [legislature] determines, pursuant to Section 7 of this Act, that constitutional governance has been restored.
(i) Staff Support.
The Task Force is authorized to receive staff support from [legislative offices], [state or local agencies], and independent experts, including through voluntary or pro bono service. [i.e., adjust to reflect available staffing sources or capacity in the adopting jurisdiction]
(j) Funding.
The [legislature] may appropriate funds as necessary to support the Task Force's activities.
(k) Non-Exclusivity.
Nothing in this Section shall be construed to limit the power of the legislature to adopt measures under this Act that originated from sources other than the Task Force.
SECTION 6. JURISDICTIONAL AND LEGAL PROTECTIONS.
[Drafter note: This Section assumes that the adopting jurisdiction has its own courts system. Most localities do not. A locality without its own judiciary must adapt this Section, and the related references to courts elsewhere in the Act to its situation. How to do so depends on the locality's structure and on the position the state takes toward the federal authoritarian takeover; contact us for help.]
(a) Courts and other reviewing authorities shall resolve any and all issues of purported conflict between federal directives and directives of this Act in accordance with the principles of Section 3(d) & (e).
(b) The courts of [state/locality] shall have original jurisdiction over any action arising from this Act. No such case may be transferred or removed to, or otherwise heard by, any court that fails to recognize and apply the principles set forth in Section 3(d) & (e).
(c) Any person subject to or affected by a ruling, judgment, or enforcement action that conflicts with the provisions or principles of this Act may petition a court of [state/locality] for a determination of nonrecognition. Upon finding that the external action failed to apply the principles of Section 3(d) & (e), the court may declare the action void and unenforceable within [state/locality] and grant appropriate relief.
(d) The courts of [state/locality] shall have final authority to interpret and apply this Act, and their rulings shall be conclusive with respect to any matter governed by this Act. No other court or authority shall override or bind a court of [state/locality] in any matter arising under this Act.
(e) No officer, employee, or agent of [state/locality] shall cooperate with, participate in, or provide assistance for any federal enforcement action that purports to override or nullify this Act or any directive thereof.
(f) Courts of [state/locality] shall recognize and give effect to legislative acts adopted by other jurisdictions that affirm the principles set forth in Section 3(d) & (e), provided that such acts are consistent with the purposes of this Act.
SECTION 7. SUNSET AND LEGAL SAFEGUARDS.
(a) This Act shall remain in effect until the [legislature] determines, by resolution or statute, that constitutional governance has been restored in the United States. No other event, including judicial invalidation or executive declaration, shall trigger termination of this Act.
(b) The expiration of this Act shall not affect the enforceability of any obligation, protection, or liability accrued under its provisions. All such legal consequences shall remain in force and may be adjudicated or enforced in accordance with applicable law.
(c) Any statute of limitations applicable to a claim, cause of action, or proceeding arising under this Act shall be tolled for the duration of any period in which enforcement was materially obstructed by federal interference or other suppression in conflict with the Act. Such tolling shall be determined by the courts of [state/locality] based on findings of fact and law.
SECTION 8. CONSTRUCTION AND SEVERABILITY.
(a) This Act shall be liberally construed to fulfill its purposes, including the protection of the people of [state/locality], the restoration of constitutional governance, and the preservation of lawful self-government while the federal authoritarian takeover is underway, and in accordance with the constitutional framework expressed in Section 3, which shall guide the construction and application of all its provisions.
(b) If any provision of this Act, or the application of any provision to any person or circumstance, is held invalid by a court that recognizes and applies the principles of Section 3(d) & (e), the remainder of the Act, and the application of its provisions to other persons or circumstances, shall remain in effect.
SECTION 9. SHORT TITLE.
This Act may be cited as the "Restore the Constitution Act."
SECTION 10. EFFECTIVE DATE.
This Act shall take effect immediately upon enactment.