[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1319 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1319

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 SENATE OF THE UNITED STATES

                             June 22, 2009

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

_______________________________________________________________________

                                 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 proposes to 
establish new procedures by which legislation shall be considered by 
Congress and is enacted pursuant to the power granted Congress under 
article I, section 5, clause 2, of the United States Constitution 
establishing that each House may determine the rules of its 
proceedings.
    (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) In General.--Each Act of Congress shall contain a concise 
explanation of the specific 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) Disposition of Point of Order in the Senate.--
            ``(1) Limit on debate.--In the Senate, a point of order 
        raised under subsection (a) shall be--
                    ``(A) submitted to the Senate for decision; and
                    ``(B) subject to not more than 3 hours of debate 
                equally divided between the Senator raising the point 
                of order and the floor manager of the underlying 
                measure or their designees.
            ``(2) Motion to table.--In the Senate, no motion to table a 
        point of order raised under subsection (a) shall be in order 
        until all debate time has expired or has been yielded back.''.
    (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.''.
                                 <all>