< Back to S. 3159 (110th Congress, 2007–2009)

Text of the Enumerated Powers Act

This bill was introduced on June 19, 2008, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 19, 2008 (Introduced).

Source: GPO



2d Session

S. 3159


June 19, 2008

(for himself, Mr. McCain, Mr. Kyl, Mrs. Hutchison, Mr. Cornyn, Mr. Ensign, Mr. DeMint, Mr. Chambliss, Mr. Inhofe, Mr. Crapo, Mr. Enzi, Mr. Allard, Mr. Graham, Mr. Burr, Mrs. Dole, Mr. Sununu, Mr. Thune, Mr. Vitter, Mr. Brownback, Mr. Barrasso, Mr. Wicker, Mr. Sessions, and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


To require Congress to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes.


Short title

This Act may be cited as the Enumerated Powers Act.


Specification of constitutional authority for enactment of law


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.


Constitutional authority statement required

Chapter 2 of title 1, United States Code, is amended by inserting after section 102 the following new section:


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.


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.