Text of the Enumerated Powers Act

This bill was introduced on January 5, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 5, 2011 (Introduced).

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1st Session

H. R. 125


January 5, 2011

(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


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.


The provisions of this section are enacted by the Congress—


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


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.



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.