[Congressional Record Volume 157, Number 1 (Wednesday, January 5, 2011)]
[House]
[Page H42]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. CANTOR:
       H.R. 2.
       Congress has the power to enact this legislation pursuant 
     to the following:
       For over 200 years, the Congress, the Executive, and the 
     Judiciary have acted according to the principle of coordinate 
     branch construction based on their respective obligations to 
     ensure that all their actions are constitutional. This is the 
     clear meaning of the Vesting Clauses of Articles I, II, and 
     III along with the Supremacy Clause of Article VI, as well as 
     of the Oath of Office that each constitutional officer of the 
     Federal government must take pursuant to Article VI. James 
     Madison made this clear in 1834 stating, ``As the 
     Legislative, Executive, and Judicial departments of the 
     United States are co-ordinate, and each equally bound to 
     support the Constitution, it follows that each must in the 
     exercise of its functions be guided by the text of the 
     Constitution according to its own interpretation of it.''
       The ``Repealing the Job Killing Health Care Law Act'' 
     repeals the Patient Protection and Affordable Care Act and 
     title I and subtitle B of title II of the Health Care and 
     Education Affordability Reconciliation Act of 2010, which 
     included several specific provisions that extend beyond the 
     enumerated powers granted to Congress by the Constitution, 
     including, in particular, the Commerce, Taxing, and the 
     Spending Clauses of Article I, Section 8, as well as the 
     Necessary and Proper Clauses contained therein, and that 
     otherwise improperly extend authority to Federal agencies in 
     a manner inconsistent with the Vesting Clause of Article I, 
     Section 1.
       The general repeal of this legislation is consistent with 
     the powers that are reserved to the States and to the people 
     as expressed in Amendment X to the United States 
     Constitution.