109th CONGRESS
1st Session
H. R. 2458
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
May 18, 2005
Mr. SHADEGG (for himself, Mr. OTTER, Mr. HERGER, Mr. SAM JOHNSON of Texas,
Mr. KOLBE, Mr. SOUDER, Ms. GINNY BROWN-WAITE of Florida, Mr. GARRETT of New
Jersey, Mrs. JO ANN DAVIS of Virginia, Mr. BARTLETT of Maryland, Mr. KUHL
of New York, Mr. PAUL, Mr. HOEKSTRA, Mr. DOOLITTLE, Mr. WELDON of Florida,
Mr. BACHUS, Mr. TIAHRT, Mr. COX, Mr. MILLER of Florida, Mrs. MUSGRAVE, and
Mr. GOODE) introduced the following bill; which was referred to the Committee
on the Judiciary
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
`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.'
(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
