Taking our power back: Comparison of Democratic and Republican legislation, Sept 2025
While Democrats and Republicans may find common ground on topics such as agriculture, social media for children, and the dangers of foreign adversaries like Russia and China, there is NO common ground whatever in the way the two parties view separation of powers.
Democrats propose legislation that seeks to wrest Congressional powers back from the president. Republicans — even ones who seem moderate on other topics — bend over backwards to give Trump more and more and more power. If it’s bad in the Senate, it’s downright embarrassing in the House.
Since most of my essays center on German resistance during the Shoah, I find myself viewing these Republican bills as Enabling Acts, legislation that will give Donald Trump more power than any single human should have. It’s as if Speaker Johnson and Sen. Ted Cruz have never read a history book.
To highlight the difference, I’ve divided proposed legislation between August 25 and September 19 by party. You will likely be surprised at the backbone our Democrats have. And at the jellyfish nature of Republicans. It would be funny if it were not so sad. And so disastrous.
DEMOCRATIC BILLS
S.J.Res.75 - A joint resolution terminating the emergency determined by the President on August 11, 2025, in the Executive Order titled “Declaring a crime emergency in the District of Columbia.”
Introduced September 2, 2025 by Chris Van Hollen (D-MD). Cosponsored by thirteen Democrats and one Independent (Bernie Sanders).
Full text: Terminating the emergency determined by the President on August 11, 2025, in the Executive Order titled “Declaring a crime emergency in the District of Columbia.”
Whereas the President has failed to identify special conditions of an emergency nature that compel the use of the Metropolitan Police Department for Federal purposes in the District of Columbia;
Whereas violent crime in the District of Columbia has declined for the past 2 years and currently stands at a 30-year low; and
Whereas the Federal Government, in 2025, has prevented the District of Columbia from spending $1,000,000,000 of its own locally raised revenues—money that was budgeted for essential public safety purposes, including law enforcement, fire and emergency response services, and schools: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That pursuant to section 740(b) of the District of Columbia Home Rule Act (sec. 1–207.40(b), D.C. Official Code), the emergency determined by the President on August 11, 2025, in the Executive order titled “Declaring a crime emergency in the District of Columbia” is hereby terminated.
Stuck in committee. Of course.
S.2689 - District of Columbia Police Home Rule Act. To amend the District of Columbia Home Rule Act to repeal the authority of the President to assume emergency control of the police of the District of Columbia.
Introduced September 2, 2025 by Chris Van Hollen (D-MD). Cosponsored by ten Democrats and one Independent (Bernie Sanders). This bill would repeal this entire section.
When the initial legislation was passed, I’d wager no one ever thought the President of the United States of America would abuse this right in such an egregious manner.
S.2728 - No Foreign Fundraising at United States Embassies Act. To prohibit the use of United States embassies or consulates in raising funds for foreign political parties or candidates.
Introduced September 4, 2025 by Edward Markey (D-MA). No cosponsors. This should be a no-brainer. John Fetterman, Dave McCormick, where are you? Elizabeth Warren, Bernie Sanders?
No Federal funds, and no personal funds of a United States Ambassador or other United States official, may be obligated or expended to host a fundraising event for, or on behalf of, a foreign political party or candidate at a United States embassy or consulate or any other United States diplomatic post.
H.R.5220 - Congressional Power of the Purse Act. To strengthen and enhance the congressional power of the purse.
Introduced September 9, 2025 by Brendan Boyle (D-PA). Cosponsored by eighteen Democrats and no Republicans.
Wow! If you are a constitutional attorney, please read this very long bill! It’s long. Boyle covers a lot of ground. This proposed legislation (which of course won’t get out of committee) is a primer on congressional power that Donald Trump has usurped. With the blessing of Republican representatives.
S.2765 - Advisory Committee on the Records of Congress Sunset Act. To sunset the Advisory Committee on the Records of Congress.
Introduced September 10, 2025 by Gary Peters (D-MI). Cosponsored by James Lankford (R-OK). I confess, this caught me off guard. I thought for sure this was going to be a Republican bill. This bill would strike all of Chapter 27 of title 44 of the United States Code. Feels more like a Republican move.
If you have insight into why a Democrat would sponsor a bill that weakens the “Records of Congress,” please leave a comment.
H.Res.704 - Expressing the sense of the House of Representatives that the Wasteful and Inappropriate Service Reduction Model undermines beneficiary access to health care and should not be implemented.
Introduced September 11, 2025 by Mark Pocan (D-WI). Cosponsored by fifteen Democrats and no Republicans.
The so-called WISeR or Wasteful and Inappropriate Service Reduction Model will increase the number of Medicare services requiring prior authorization by 30%. Further, WISeR will remove most decision-making from Medicare and hand it off to Medicare Advantage companies, even for strict Medicare patients. Pocan et al point out that when WISeR decisions are made by AI — and this is a cornerstone of the Republican WISeR initiative — AI-based decisions are overturned 81.7% of the time (according to Kaiser Family Foundation).
This resolution would require Medicare to terminate the WISeR plan, which is set to go into effect on January 1, 2026. Note that there is no legislation supporting Medicare’s unilateral decision to implement WISeR. They’re just doing it. Pocan et al are seeking to initiate proper policymaking — through Congress.
H.R.5361 - George Floyd Justice in Policing Act of 2025. To hold law enforcement accountable for misconduct in court, improve transparency through data collection, and reform police training and policies.
Introduced September 15, 2025 by Glenn Ivey (D-MD). Cosponsored by 124 Democrats and zero Republicans.
S.2816 - Stop Sycophants in Government Act of 2025. To prohibit the administration of any political loyalty test as a condition of Federal employment.
Introduced September 16, 2025 by Chris Murphy (D-CT). No cosponsors (why?!).
S.2837 - Protect America’s Workforce Act. To nullify certain Executive orders relating to exclusions from Federal labor-management relations programs.
Introduced September 17, 2025 by Mark Warner (D-VA). Cosponsored by 44 Democrats (including JOHN FETTERMAN), two Independents (Angus King-ME and Bernie Sanders-VT), and one Republican, Lisa Murkowski (R-AK).
Text is not yet available. I am following and will post a NOTE once that’s up. I am curious which Executive Orders they wish to nullify!
S.2838 - Protecting Our Democracy Act. To protect our democracy by preventing abuses of Presidential power, restoring checks and balances and accountability and transparency in government, and defending elections against foreign interference.
Introduced September 17, 2025 by Adam Schiff (D-CA). Cosponsored by seven Democrats and one Independent (Bernie Sanders).
S.2850 - Protecting Legislators and Survivors of Sexual Assault and Domestic Violence from Doxing and Political Violence Act. To improve the safety and security of Members of Congress, immediate family members of Members of Congress, and congressional staff.
Introduced September 17, 2025 by Ron Wyden (R-OR). No cosponsors.
S.2851 - Protecting Americans from Doxing and Political Violence Act. To improve the safety and security of Members of Congress, immediate family members of Members of Congress, and congressional staff.
Introduced September 17, 2025 by Ron Wyden (R-OR). No cosponsors.
Not sure why there are two versions of what appears to be the same bill. Text isn’t available, so I cannot tell how they differ. It could just be a clerical error.
H.R.5446 - No Tariffs on Groceries Act. To limit the authority to impose duties on articles of food.
Introduced September 17, 2025 by Haley Stevens (D-MI). No cosponsors. Text not available. But this appears to be another bill where Congress (or at least Haley Stevens) wishes to reclaim Congressional powers.
S.J.Res.83 - A joint resolution to direct the removal of United States Armed Forces from hostilities that have not been authorized by Congress.
Introduced September 18, 2025 by Adam Schiff (D-CA). Cosponsored by Tim Kaine (D-VA). Excerpt here, please read the full text. It’s not terribly long and is worthwhile.
Congress makes the following findings:
(1) Congress has the sole power to declare war under Article I, section 8, clause 11 of the United States Constitution.
(2) Congress has not declared war upon, nor enacted a specific statutory authorization for use of military force against—
(A) any organization designated on or after February 20, 2025, as a foreign terrorist organization pursuant to section 219(a) of the Immigration and Nationality Act … or as a specially designated global terrorist pursuant to Executive Order 13224…; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism);
(B) any states in which those entities operate; or
(C) any non-state organization engaged in the promotion, trafficking, and distribution of illegal drugs and other related activities.
(3) The designation of an entity as a foreign terrorist organization or specially designated global terrorist provides no legal authority for the President to use force against members of designated organizations or any foreign state.
(4) There has been no armed attack on the United States by—
(A) any organization designated on or after February 20, 2025, as a foreign terrorist organization or specially designated global terrorist;
(B) any states in which those entities operate; or
(C) any non-state organization engaged in the promotion, trafficking, and distribution of illegal drugs and other related activities. …
SEC. 2. Termination of use of Armed Forces.
(a) Termination.—Pursuant to section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) and in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, Congress hereby directs the President to terminate the use of United States Armed Forces for hostilities against any organization designated on or after February 20, 2025, as a foreign terrorist organization or specially designated global terrorist, any states in which those entities operate, or any non-state organization engaged in the promotion, trafficking, and distribution of illegal drugs and other related activities, unless explicitly authorized by a declaration of war or specific authorization for use of military force.
(b) Rule of construction.—Nothing in this section shall be construed as preventing the United States from defending itself from an armed attack or threat of an imminent armed attack or using the United States Armed Forces in support of civil authorities as part of authorized counternarcotics operations. The trafficking of illegal drugs does not itself constitute such an armed attack or threat of an imminent armed attack.
S.Res.407 - A resolution expressing the sense of the Senate that the comments made by Federal Communications Commission Chairman Brendan Carr on Wednesday, September 17, 2025, threatening to penalize ABC and Disney for the political commentary of ABC late night host Jimmy Kimmel were dangerous and unconstitutional.
Introduced September 18, 2025 by Edward Markey (D-MA). Cosponsored by Ron Wyden (R-OR).
Full text of the resolution, with ellipses in original:
Expressing the sense of the Senate that the comments by Federal Communications Commission Chairman Brendan Carr on Wednesday, September 17, 2025, threatening to penalize ABC and Disney for the political commentary of ABC late night host Jimmy Kimmel were dangerous and unconstitutional.
Whereas the First Amendment to the Constitution of the United States provides that “Congress shall make no law … abridging the freedom of speech, or of the press,” protections that extend to political speech and commentary, even when controversial or offensive;
Whereas the Federal Communications Commission (FCC) is charged with overseeing the public airwaves in a manner consistent with the Constitution and does not have authority to censor programming or punish broadcasters for their editorial decisions;
Whereas, on September 17, 2025, Chairman Brendan Carr publicly threatened ABC and its parent company, Disney, and its affiliates, over a monologue delivered by comedian Jimmy Kimmel, stating that “we can do this the easy way or the hard way,” in clear reference to the FCC’s regulatory power;
Whereas, following these comments, ABC’s largest affiliate group announced it would preempt Mr. Kimmel’s programming, and shortly thereafter, ABC and Disney suspended Mr. Kimmel, demonstrating the coercive effect of Chairman Carr’s unconstitutional threats and the chilling impact on free expression in broadcasting;
Whereas, in Mr. Carr’s role as chairman, Carr has repeatedly claimed in public statements and past social media posts to support the First Amendment and defend free speech, including the following statements:
(1) “This is nothing more than a brazen attempt by government officials to silence political speech they don’t like.”.
(2) “From internet memes to late-night comedians, from cartoons to the plays and poems as old as organized government itself—Political Satire circumvents traditional gatekeepers and helps hold those in power accountable. Not surprising that it’s long been targeted for censorship.”
(3) “Free speech is not a threat to democracy—censorship is.”; and
Whereas, by using his official position to pressure private broadcasters over their protected commentary, Chairman Carr has betrayed the trust of his office, abused the power of his position, undermined the independence of the press, and violated the constitutional principles he is sworn to uphold: Now, therefore, be it
Resolved, That the Senate—
(1) condemns Chairman Brendan Carr for abusing his position as a Federal regulator to threaten Disney and ABC over constitutionally protected speech;
(2) affirms the importance of the First Amendment and the independence of broadcasters and journalists from government coercion; and
(3) calls upon Chairman Carr to immediately retract his threats and recommit himself to respecting the constitutional limitations on his office.
Of course, it was referred to the Committee on Commerce, Science, and Transportation, where it will likely languish.
H.R.5460 - FREE SPEECH Act of 2025. To prohibit the Federal Communications Commission from requiring any entity regulated by the Commission to align the speech of such entity with the political ideology of any presidential administration.
Introduced September 18, 2025 by the amazing Jasmine Crockett (D-TX). No cosponsors. C’mon Democrats!
Text is not yet available, so I am following and will post a NOTE when it is available.
H.Res.741 - Acknowledging that in the aftermath of September 11, 2001, individuals experienced hate and were targeted by the government on account of their faith, race, national origin and immigration status, and suggesting various forms of relief to support those affected.
Introduced September 18, 2025 by Pramila Jayapal (D-WA). Cosponsored by seven Democrats and no Republicans. Please read this resolution. Too often we are wrapped up in the wrongdoings of the Trump administrations, to the point that we forget or gloss over the wrongs done in the name of the American people after 9/11.
H.R.5516 - No Coffee Tax Act. To prohibit the imposition of additional tariffs on coffee imported from countries to which the United States has extended normal trade relations.
Introduced September 19, 2025 by Ro Khanna (D-CA). Cosponsored by Maggie Goodlander (D-NH), Donald Bever (D-VA), and Don Bacon (R-NE).
Doing their jobs! And this is so logical, I am surprised it’s not discussed more often. If Trump is not at war with a particular country, by law he has no right to unilaterally impose tariffs on them. He has imposed tariffs, claiming a “national emergency” with regards to each country.
But once trade deals are supposedly done — as Trump frequently brags — then his right to impose tariffs disappears.
H.R.5532 - To direct the Secretary of Education to establish a program to facilitate the transition to tuition-free community college in certain States.
Introduced September 19, 2025 by Adam Smith (D-WA). No cosponsors. Again, taking back Congressional power. Telling the Secretary of Education what Congress wishes!
H.Res.748 - Condemning attempts to use Federal regulatory power or litigation to suppress lawful speech, particularly speech critical of a political party or the President of the United States, and warning against the rise of authoritarianism.
Introduced September 19, 2025 by Yassamin Ansari (D-AZ). Cosponsored by 120 Democrats and no Republicans. Text of this wonderful resolution not yet available. I am following it, and once the text is posted, I will write a NOTE featuring the entire resolution.
REPUBLICAN BILLS
August 29, 2025. EC1815 - From the Assistant Secretary, Legislative Affairs, Department of Defense, transmitting an additional legislative proposal that the Department of Defense requests be enacted during the first session of the 119th Congress; jointly to the Committees on Armed Services, Ways and Means, the Judiciary, and Transportation and Infrastructure.
A Republican who recognizes that only Congress can enact legislation!
September 8, 2025. ML17 - The SPEAKER presented a memorial of the House of Representatives of the State of Montana, relative to House Joint Resolution 17, urging the Congress and the President of the United States to undertake action to unleash American energy by reforming and streamlining permitting obligation and repealing or revising environmental regulations and environmental reviews that do not align with national security interests; jointly to the Committees on Energy and Commerce, Natural Resources, Transportation and Infrastructure, and Financial Services.
Handing off yet more power to Trump and the Executive Branch. In the name of national security.
H.R.5184 - Affordable HOMES Act (Affordable Housing Over Mandating Efficiency Standards Act). To prohibit the Secretary of Energy from enforcing energy efficiency standards applicable to manufactured housing.
Introduced September 8, 2025 by Erin Houchin (R-IN). Cosponsored by Mike Flood (R-NE).
Although this sounds like a bill designed to limit the powers of the executive branch of government, it is not. Instead, it repeals he final rule titled “Energy Conservation Program: Energy Conservation Standards for Manufactured Housing” published by the Department of Energy in the Federal Register on May 31, 2022 (87 Fed. Reg. 32728). Another short-sighted move. Houchin and Flood want to deregulate the manufactured housing industry by forbidding the Secretary of Energy from enforcing a rule on the books. Instead, they are doing Trump’s bidding.
September 8, 2025. EC1665 - From the Senior Official Performing the Duties of the Assistant Secretary of Defense (Legislative Affairs), transmitting legislative proposals that the Department of Defense requests be enacted during the first session of the 119th Congress; to the Committee on Foreign Relations.
September 8, 2025. EC1666 - From the Senior Official Performing the Duties of the Assistant Secretary of Defense (Legislative Affairs), transmitting legislative proposals that the Department of Defense requests be enacted during the first session of the 119th Congress; to the Committee on Foreign Relations.
Referred from House. H.R.3425 - Personnel Oversight and Shift Tracking Act of 2025.
Introduced May 15, 2025 by Mike Kennedy (R-UT). Cosponsored by Shomari Figures (D-AL). This is one of those bills that Speaker Mike Johnson pushed through “under suspension of rules,” etc. etc. Referred to Senate on September 9, 2025.
It tightens recordkeeping and time-clocks for contract security personnel.
I wasn’t sure which legislation section to put this under. Settled on this “Take Our Power Back” post because it’s the opposite of that. More invasion of privacy regarding timekeeping and employment data. Big Brother will truly be watching contract security personnel!
H.R.5245 - To provide for the management authorities of the Department of State.
Introduced September 10, 2025 by Michael Lawler (R-NY). No cosponsors. This bill greatly expands Marco Rubio’s power. Lawler is not looking past the end of Trump’s term. I doubt he would want State to have the same muscle under a Democratic president.
H.R.5404 - Make America Healthy Again Act of 2025. To codify Executive Order 14212 (alt. text on the White House Web site), relating to establishing the President’s Make America Healthy Again Commission.
Introduced September 16, 2025 by Michael Lawler (R-NY). No cosponsors. At least one Republican understands that an executive order is not legislation and therefore not enforceable.
S.2843 - FRAME Act. To require congressional approval for all capital expenditures requested by the Federal Reserve.
Introduced September 17, 2025 by Rick Scott (R-FL). No cosponsors.
The Board of Governors and individual Federal Reserve Banks approve Federal Reserve expenditures. Although Congress may provide oversight, the Federal Reserve is independent. It does not receive its funding from Congressional appropriations. To learn more, see the Federal Reserve site.
H.R.5438 - Incentivize Savings Act. To incentivize Federal agencies to create savings for the American people.
Introduced September 17, 2025 by Richard McCormick (R-GA). Cosponsored by five Republicans and no Democrats. Text is not yet available. But dollars to donuts, this ain’t a pro-average-American bill.
H.R.5518 - Integrated Cross-Border Law Enforcement Operations Expansion Act. To direct the Secretary of Homeland Security to negotiate an agreement with the Government of Canada for integrated cross-border aerial, land, and maritime law enforcement operations.
Introduced September 19, 2025 by Nicholas Langworthy (R-NY). Cosponsored by eleven Republicans and no Democrats. Text of bill is not yet available. But again, Republicans handing off Congressional power to the Executive Branch.
RARE BIPARTISAN
H.R.5442 - Inspired to Serve Act of 2025. To build on America’s spirit of service to nurture, promote, and expand a culture of service to secure the Nation’s future, address critical needs of the Nation, and strengthen the civic fabric of American society.
Introduced September 17, 2025 by Jimmy Panetta (D-CA). Cosponsored by Don Bacon (R-NE). Text is not available, but the bill does not seem to have a great deal of support. If its “purpose” is true and if Panetta and Bacon’s bill properly gives power back to the people, this could be a good piece of legislation.
H.Con.Res.49 - Expressing the sense of Congress that all trade agreements the United States enters into, should provide reasonable access and collaboration of each nation involved in such an agreement, for the purpose of search and recovery activities relating to members of the United States Armed Forces still missing and unaccounted for from prior wars or military conflicts.
Introduced September 19, 2025 by Glenn Thompson (R-PA). Cosponsored by Susie Lee (D-NV), Daniel Meuser (R-PA), and James Walkinshaw (D-VA).
Congress acting!
OLD BUSINESS THAT WILL MAKE YOU HOMESICK — Or, how it used to be done, without drama…
Alert dated August 28, 2025. May 2, 2024 transcript. “The President’s Budget Request for the U.S. Department of the Interior for Fiscal Year 2025.” Transcript Available
Alert dated September 3, 2025. January 3, 2023 transcript. “Nominations of the 118th Congress, First Session, Part II.”
Alert dated September 4, 2025. January 3, 2024 transcript. “Nominations of the 118th Congress, Second Session, Part I.”
Alert dated September 5, 2025. May 15, 2024 transcript. “The President’s Budget Requestion for the National Park Service for Fiscal Year 2025 and Pending Legislation.”
COMMENTS WORTH KEEPING
Thank you for this important post!
--Chere, September 28, 2025.
We need a sustained economic boycott/general strike asap. Appeals to greed work better than appeals to the better angels of people who have none.
--Ruth C.,
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