[Congressional Record (Bound Edition), Volume 157 (2011), Part 1]
[House]
[Pages 653-654]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   CONSTITUTIONAL AUTHORITY STATEMENT

  Pursuant to clause 7 of rule XII of the Rules of the House of 
Representatives, the following statements are submitted regarding the 
specific powers granted to Congress in the Constitution to enact the 
accompanying bill or joint resolution.

            By Mr. REHBERG:
        H.R. 412.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 3: The Congress shall have 
     Power To regulate Commerce with foreign nations, and among 
     the several States, and with the Indian Tribes.
            By Mr. STARK:
        H.R. 413.
       Congress has the power to enact this legislation pursuant 
     to the following:
       All legislative powers herein granted shall be vested in a 
     Congress of the United States, which shall consist of a 
     Senate and House of Representatives (Article I, Section 1).
       The constitutional authority on which this bill rests is 
     the power of Congress to make rules for the government and 
     regulation of the land and naval forces, as enumerated in 
     Article I, Section 8, Clause 14 of the United States 
     Constitution.
            By Mr. PRICE of North Carolina:
        H.R. 414.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Congressional power to provide for public financing of 
     presidential campaigns arises under the General Welfare 
     Clause, Art. I, Sec. 8, of the Constitution. In Buckley v. 
     Valeo, 424 U.S. 1, 91 (1976), the Supreme Court upheld the 
     congressional power to enact public financing of presidential 
     elections under this Clause. The Supreme Court stated with 
     regard to the provisions in the Federal Election Campaign Act 
     Amendments of 1974 establishing a presidential public 
     financing system, ``In this case, Congress was legislating 
     for the `general welfare'--to reduce the deleterious 
     influence of large contributions on our political process, to 
     facilitate communication by candidates with the electorate, 
     and to free candidates from the rigors of fundraising.''
            By Mr. COHEN:
        H.R. 415.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The changes made by this bill to the Elementary and 
     Secondary Education Act are within Congress' authority under 
     Article I, Section 8, Clause 1 of the Constitution.
            By Ms. SCHAKOWSKY:
        H.R. 416.
        Congress has the power to enact this legislation pursuant 
     to the following:
       ``The constitutional authority of Congress to enact this 
     legislation is provided by Article I, Section 8 of the United 
     States Constitution (Clause 3), which grants Congress the 
     power to regulate Commerce among the several States.''
            By Mr. OWENS:
        H.R. 417.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clauses 1 and 18:
       ``The Congress shall have Power To lay and collect Taxes, 
     Duties, Imposts and Excises, to pay the Debts and provide for 
     the common Defence and general Welfare of the United States; 
     but all Duties, Imposts and Excises shall be uniform 
     throughout the United States;''
       ``To make all Laws which shall be necessary and proper for 
     carrying into Execution the foregoing Powers, and all other 
     Powers vested by this Constitution in the Government of the 
     United States, or in any Department or Officer thereof.''
            By Mrs. MALONEY:
        H.R. 418.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 3, which reads: ``To regulate 
     Commerce with foreign Nations, and among the several States, 
     and with Indian Tribes.''
            By Mr. COOPER:
        H.R. 419.
        Congress has the power to enact this legislation pursuant 
     to the following:
       (1) The authority granted to Congress under Article I, 
     Section 4 of the Constitution of the United States gives 
     Congress the power to enact laws governing the time, place, 
     and manner of elections for Members of the House of 
     Representatives; and
       (2) The authority granted to Congress under Section 5 of 
     the 14th Amendment to the Constitution gives Congress the 
     power to enact laws to enforce Section 2 of such Amendment, 
     which requires Representatives to be apportioned among the 
     several States according to their number.
            By Mr. REHBERG:
        H.R. 420.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1: ``The Congress shall have 
     Power To lay and collect Taxes, Duties, Imposts and Excises, 
     to pay the Debts and provide for the common Defence and 
     general Welfare of the United States; but all Duties, Imposts 
     and Excises shall be uniform throughout the United States;''
       Article I, Section 8, Clause 18: ``The Congress shall have 
     Power * * * To make all Laws which shall be necessary and 
     proper for carrying into Execution the foregoing Powers, and 
     all other Powers vested by the Constitution in the Government 
     of the United States, or in any Department or Officer 
     thereof.''
       Second Amendment: ``A well regulated Militia, being 
     necessary to the security of a free State, the right of the 
     people to keep and bear Arms, shall not be infringed.''
       The specific Constitutional Authority cited here is not 
     intended and should not be construed to be exclusive of any 
     other general or specific Constitutional Authority that is 
     otherwise applicable.
           By Mr. McCLINTOCK:
        H.R. 421.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8 of the United States Constitution 
     states that ``The Congress shall have power to lay and 
     collect taxes, duties, imposts and excises, to pay the debts 
     and provide for the common defense and general welfare of the 
     United States; but all duties, imposts and excises shall be 
     uniform throughout the United States;
       To borrow money on the credit of the United States;''
           By Mr. BACA:
       H.R. 422.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 of the U.S. Constitution.
           By Mr. BACA:
       H.R. 423.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 4, Clause 1 of the U.S. Constitution.
            By Mr. BURGESS:
        H.R. 424.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The attached legislation falls under Congress' enumerated 
     constitutional authority to regulate interstate commerce 
     pursuant to Article I, Section 8, Clause 3.
            By Mr. DOLD:
        H.R. 425.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 3, giving Congress the power 
     to regulate interstate commerce.
            By Mr. FLAKE:
        H.R. 426.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 of Article 1 of the United States 
     Constitution.
            By Mr. HELLER:
        H.R. 427.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 of Article I of the United States 
     Constitution and Amendment XVI of the United States 
     Constitution.
            By Mr. HELLER:
        H.R. 428.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The Congress enacts this bill pursuant to Clause 1 of 
     Section 8 of Article I of the United States Constitution and 
     Amendment XVI of the United States Constitution.
            By Mr. ISSA:
        H.R. 429.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The Interstate Commerce Clause.
            By Mr. JORDAN:
       H.R. 430.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 3 of Section 8 of Article I of the Constitution, 
     under which Congress has the power to regulate commerce among 
     the States.
            By Mr. LATTA:
        H.R. 431.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 6: ``The Senators and Representatives 
     shall receive a Compensation for their Services, to be 
     ascertained by Law, and paid out of the Treasury of the 
     United States.''
            By Mr. MARKEY:
        H.R. 432.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 3 of Section 8 of Article I of the Constitution.
            By Ms. MATSUI:
        H.R. 433.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 3.
            By Mrs. McMORRIS RODGERS:
       H.R. 434.
        Congress has the power to enact this legislation pursuant 
     to the following:
       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 make clear that 
     each coordinate branch of government must ensure that their 
     actions are constitutional.
       This bill is enacted pursuant to Congress' legislative 
     powers under Article I, Section 1,

[[Page 654]]

     of the Constitution, and the oath to support the Constitution 
     that all Members are required to take under Article VI. Under 
     those provisions, Congress has the authority to prevent the 
     enforcement of unconstitutional federal laws previously 
     passed.
            By Mrs. MILLER of Michigan:
       H.R. 435.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The bill accompanying this statement delivers powers back 
     to the states, pursuant to the Tenth Amendment to the United 
     States Constitution.
            By Mr. PAULSEN:
        H.R. 436.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8.
            By Mr. POMPEO:
        H.R. 437.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8 of the United States Constitution 
     (Clauses 12, 13, 14, and 16), which grants Congress the power 
     to raise and support an Army; to provide and maintain a Navy; 
     to make rules for the government and regulation of the land 
     and naval forces; and to provide for organizing, arming, and 
     disciplining the militia.
            By Mr. WEINER:
        H.R. 438.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3 of the United States 
     Constitution.
           By Mr. WELCH:
       H.R. 439.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article One, Section 8, Clause 18--The Necessary and Proper 
     Clause.
            By Mr. WOLF:
        H.R. 440.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 18 of the United States 
     Constitution, which states: ``The Congress shall have Power 
     to make all Laws which shall be necessary and proper for 
     carrying into Execution the foregoing Powers, and all other 
     Powers vested by the Constitution in the Government of the 
     United States, or in any Department or Officer thereof''
       Article II, Section 2, Clause 2 of the United States 
     Constitution, which states: ``[The President] shall have 
     Power, by and with the Advice and Consent of the Senate, to 
     make Treaties, provided two thirds of the Senators present 
     concur; and he shall nominate, and by and with the Advice and 
     Consent of the Senate, shall appoint Ambassadors, other 
     public Ministers and Consuls, Judges of the Supreme Court, 
     and all other Officers of the United States, whose 
     Appointments are not herein otherwise provided for, and which 
     shall be established by Law: but the Congress may by Law vest 
     the Appointment of such inferior Officers, as they think 
     proper, in the President alone, in the Courts of Law, or in 
     the Heads of Departments.''
            By Mr. YOUNG of Alaska:
        H.R. 441.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article IV, Section 3, Clause 2.
            By Mr. YOUNG of Alaska:
        H.R. 442.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article IV, Section 3, Clause 2.
            By Mr. YOUNG of Alaska:
        H.R. 443.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article IV, Section 3, Clause 2 and Article 1, Section 8, 
     Clause 3.
            By Mr. YOUNG of Alaska:
       H.R. 444.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article IV, Section 3, Clause 2 and Article 1, Section 8, 
     Clause 3.
            By Mr. YOUNG of Florida:
        H.R. 445.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Amendment XVI of the United States Constitution.
            Ms. DeGETTE:
        H.R. 446.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The power granted to Congress under Article I, Section 8, 
     Clause 4 of the United States Constitution.

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