II 111th CONGRESS 1st Session S. 1319 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.

1.

Short title

This Act may be cited as the Enumerated Powers Act.

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:

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. .