[Congressional Record Volume 159, Number 69 (Thursday, May 16, 2013)]
[House]
[Pages H2669-H2670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             POINT OF ORDER

  Mr. TAKANO. Mr. Speaker, I rise for a point of order.
  The SPEAKER pro tempore. The gentleman will state the point of order.
  Mr. TAKANO. Mr. Speaker, I realize that H.R. 45 and its rule have not 
been brought up for consideration, but I wish to object to the 
consideration of H.R. 45 as well as consideration of the rule governing 
debate on the bill because it violates rule XII, clause 7, section (c), 
which states, ``A bill or joint resolution may not be introduced unless 
the sponsor submits for printing in the Congressional Record a 
statement citing as specifically as practicable the power or powers 
granted to Congress in the Constitution to enact the bill or joint 
resolution.''
  The constitutional authority statement submitted with H.R. 45, argues 
that Congress is granted the authority to enact this legislation 
because of the Tenth Amendment.
  The Tenth Amendment does not grant Congress the authority to act; it 
limits Congressional power. It states, ``The powers not delegated to 
the United States by the Constitution, nor prohibited by it to the 
States, are reserved to the States respectively, or to the people.'' 
Citing the Tenth Amendment does not satisfy the rule.
  Experts at the Congressional Research Service agree. In a recent 
report, they stated, ``The Tenth Amendment is not an affirmative grant 
of authority to Congress; rather, it is a limitation or disability on 
Congress's authority to legislate. Hence, because the House rule 
requires a statement citing the power or powers granted to Congress--
not merely a statement of constitutional provisions--citations to the 
Tenth Amendment do not appear to satisfy the requirement of the House 
rule.''

[[Page H2670]]

  Mr. Speaker, the constitutional authority statement for the bill 
before us today does not comply with the House rules, and I ask that 
the bill and the rule not be considered until this problem is fixed.
  The SPEAKER pro tempore. The gentleman's point of order is not 
timely. Neither House Resolution 215 nor H.R. 45 is pending at this 
time.

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