HR 125
112th CONGRESS
1st Session
H. R. 125
To require Congress to specify the source of authority under the
United States Constitution for the enactment of laws, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. GINGREY of Georgia (for himself, Mrs. BACHMANN, Mr. BACHUS, Mr. BASS
of New Hampshire, Mrs. BLACKBURN, Mr. BILBRAY, Mr. BISHOP of Utah, Mr. CARTER,
Mr. CONAWAY, Mr. GARRETT, Mr. HELLER, Mr. SAM JOHNSON of Texas, Mr. KLINE,
Mr. LAMBORN, Mr. MCCAUL, Mrs. MYRICK, Mr. NEUGEBAUER, Mr. POSEY, Mr. ROE of
Tennessee, Mr. ROSS of Florida, Mr. AUSTIN SCOTT of Georgia, Mr. TERRY, Mr.
WALBERG, and Mr. WESTMORELAND) introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on Rules,
for a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To require Congress to specify the source of authority under the
United States Constitution for the enactment of laws, and for other purposes.
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 `Enumerated Powers Act'.
SEC. 2. SPECIFICATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT OF LAW.
(a) Constitutional Authority for This Act- This Act is enacted pursuant to
the power granted Congress under article I, section 8, clause 18, of the United
States Constitution and the power granted to each House of Congress under
article I, section 5, clause 2, of the United States Constitution.
(b) Constitutional Authority Statement Required- Chapter 2 of title 1, United
States Code, is amended by inserting after section 102 the following new section:
`Sec. 102a. Constitutional authority clause
`(a) Each Act of Congress shall contain a concise and definite statement of
the constitutional authority relied upon for the enactment of each portion
of that Act. The failure to comply with this section shall give rise to a
point of order in either House of Congress. The availability of this point
of order does not affect any other available relief.
`(b) The provisions of this section are enacted by the Congress--
`(1) as an exercise of the rulemaking power of the House of Representatives
and the Senate, respectively, and as such they shall be considered as part
of the rules of each House, respectively, or of that House to which they
specifically apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
`(2) with full recognition of the constitutional right of either House to
change such rules (so far as relating to such House) at any time, in the
same manner, and to the same extent as in the case of any other rule of
such House.'.
(c) Clerical Amendment- The table of sections at the beginning of chapter
2 of title 1, United States Code, is amended by inserting after the item relating
to section 102 the following new item:
`102a. Constitutional authority clause.'.
END
