Executive Accountability & Rule of Law Act

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PREAMBLE

WHEREAS, the Constitution of the United States establishes a system of checks and balances designed to prevent the concentration of unchecked power within any single branch of government;

WHEREAS, the “Take Care” Clause of Article II imposes a non-delegable duty upon the President to ensure that the laws of the United States are faithfully—and not selectively—executed;

WHEREAS, the evolution of the modern Executive Branch has created a “Unitary Executive” model that risks subordinating the rule of law to the political will of the President, thereby threatening the stability of the Republic and the constitutional rights of its citizens;

WHEREAS, the independence of legal counsel within the Executive Branch is essential to provide the President with candid and impartial advice, rather than mere justifications for preferred policy outcomes;

WHEREAS, the preservation of the democratic process and the peaceful transition of power, as enshrined in the 20th Amendment, require a mechanism of immediate enforcement that does not rely solely on the lengthy timelines of traditional litigation or the political complexities of impeachment; and

WHEREAS, it is the intent of Congress to ensure that no official, including the President, is above the law, and that the machinery of the state shall not be used to facilitate its own subversion;

NOW, THEREFORE, the Senate and House of Representatives of the United States of America in Congress assembled, do enact the Executive Accountability & Rule of Law Act. This act provides a functional “Circuit Breaker” against the usurpation of power. It also aims to restore the Department of Justice to its role as the guardian of the Constitution.

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Executive Accountability & Rule of Law Act

A BILL To ensure the faithful execution of the laws, preserve the independence of the Department of Justice, and establish an emergency mechanism to prevent executive overreach.

TITLE I — INDEPENDENCE OF THE ATTORNEY GENERAL

SEC. 101. FIXED TERM AND APPOINTMENT.

• The 10-Year Term: The Attorney General (AG) shall serve a single, non-renewable term of ten (10) years to ensure legal continuity across administrations.
• Senate Confirmation: Appointment requires a two-thirds (2/3) supermajority of the Senate to ensure the appointee is a consensus figure of legal integrity.
• Removal for Cause: The President may remove the AG only for inefficiency, neglect of duty, or malfeasance. Such removal is subject to immediate judicial review in the U.S. District Court for the District of Columbia.

TITLE II — REFORM OF THE OFFICE OF LEGAL COUNSEL (OLC)

SEC. 201. THE MANDATE OF IMPARTIALITY.

• Best View of the Law: The OLC is statutorily redefined as an “impartial expositor” of the law, not a defense firm for the President.
• Transparency of Dissent: If the President acts contrary to a formal OLC opinion stating that an action is unconstitutional, the Assistant Attorney General for the OLC must issue a Formal Statement of Legal Dissent. This statement is automatically transmitted to the National Archives and Congress as a public record.

TITLE III — OFFICE OF THE PRESIDENTIAL INSPECTOR GENERAL (P-IG)

SEC. 301. THE CONSTITUTIONAL WATCHDOG.

• The P-IG Office: Established within the Executive Office of the President to monitor compliance with the 20th Amendment, emergency powers issues of Formal Statements of Legal Dissent from the OLC.
• Appointment Tie-Breaker: Nominated by the President and confirmed by a Joint Resolution of Congress. In the event of a tie in Congress, the Chief Justice of the Supreme Court shall cast the deciding vote.
• Removal Protection: Any attempt to remove the P-IG without documented cause or during an open investigation serves as a “Tripwire” for Title IV.

TITLE IV — THE EXECUTIVE POWER CIRCUIT BREAKER

SEC. 401. THE AUTOMATIC FREEZE.

• The Legality Alert: Upon finding evidence of a constitutional usurpation, the P-IG issues a “Legality Alert.”
• The 72-Hour Freeze: This alert automatically suspends the President’s powers regarding:
  1. Clemency: All pardon powers are frozen.
  2. Personnel: The President cannot fire any Senate-confirmed official or DOJ/DOD leadership.
  3. Directives: No new Executive Orders may be issued.
  4. Funds: All impoundment authority is suspended.
• Congressional Override: The freeze is only lifted if Congress passes a two-thirds (2/3) Joint Resolution within 72 hours certifying the President’s action as lawful.

SEC. 402. SUBORDINATE LIABILITY.

• The “Nuremberg” Clause: Any federal official or military member who executes a “frozen” order faces felony prosecution.
• Pardon Bar: The President is permanently barred from pardoning anyone convicted of executing an illegal order during a Power Freeze.