[Congressional Record Volume 159, Number 88 (Wednesday, June 19, 2013)]
[House]
[Page H3928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. NOLAN:
       H.R. 2432.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congress's constitutional power over the nation's Armed 
     Forces arguably provides ample authority to legislate with 
     respect to how they may be employed. Under Article I, Section 
     8, Congress has the power ``To lay and collect Taxes . . . to 
     . . . pay the Debts and provide for the common Defence,'' 
     ``To raise and support Armies,'' ``To provide and Maintain a 
     Navy,'' ``To make Rules for the Government and Regulation of 
     the land and naval Forces,'' and ``To declare War, grant 
     letters of Marque and Reprisal, and make Rules concerning 
     Captures on Land and Water,'' as well as ``To provide for 
     calling forth the Militia to execute the Laws of the Union, 
     suppress Insurrections and repel Invasions'' and ``To provide 
     for organizing, arming, and disciplining, the Militia, and 
     for governing such Part of them as may be employed in the 
     Service of the United States.'' Further, Congress is 
     empowered ``To make all Laws which shall be necessary and 
     proper for carrying into Execution the foregoing Powers . . 
     .'' as well as ``all other Powers vested by this Constitution 
     in the Government of the United States, or in any Department 
     or officer thereof.''
       Congress has virtually plenary constitutional power over 
     appropriations, one that is not qualified with reference to 
     its powers in Section 8. Article I, Section 9 provides that 
     ``No Money shall be drawn from the Treasury, but in 
     Consequence of Appropriations made by Law.''