[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 125 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 125

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


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

  Mr. Gingrey of Georgia (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

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                                 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
    ``(a) 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.
    ``(b) The provisions of this section are enacted by the Congress--
            ``(1) 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
            ``(2) 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.''.
    (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.''.
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