Enumerated Powers Act

From Wikipedia, the free encyclopedia
Jump to: navigation, search

The Enumerated Powers Act is a proposed bill in the United States House of Representatives which requires legislation passed by Congress cite those provisions of the Constitution that give them the power to pass such legislation. The bill has been proposed by Congressman John Shadegg in every Congress since the 104th, and frequently draws many co-sponsors. It has never been passed. However, at the beginning of the 105th Congress, significant portions of the bill were adopted into House rules[citation needed].

The text of the original Bill:

Mar 6, 2007 - Introduced in House. This is the original text of the bill as it was written by its sponsor and submitted to the House for consideration. This is the latest version of the bill currently available on GovTrack. [1]

HR 1359 IH

110th CONGRESS

1st Session

H. R. 1359

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

March 6, 2007

Mr. SHADEGG (for himself, Mr. WESTMORELAND, Mr. MILLER of Florida, Mr. GARRETT of New Jersey, Mr. LAMBORN, Mr. GINGREY, Mr. FLAKE, Mr. GOHMERT, Mr. MARCHANT, Ms. FOXX, Mr. BARTLETT of Maryland, Mr. BURTON of Indiana, Mr. HERGER, Mr. AKIN, Mr. CONAWAY, Mr. BISHOP of New York, Mr. PAUL, Mr. MCCOTTER, and Mrs. MYRICK) 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

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.'.