[Congressional Record (Bound Edition), Volume 157 (2011), Part 2]
[House]
[Pages 1547-1550]
[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. CONNOLLY of Virginia:
       H.R. 11.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The Congress enacts this bill pursuant to Sections 7 & 8 of 
     Article I of the United States Constitution and Amendment XVI 
     of the United States Constitution.
           By Mr. BLUMENAUER:
        H.R. 601.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The Constitution of the United States provides clear 
     authority for Congress to pass legislation regarding income 
     taxes. Article I of the Constitution, in detailing 
     Congressional authority, provides that ``Congress shall have 
     Power to lay and collect Taxes . . .'' (Section 8, Clause 1). 
     Further clarifying Congressional power to enact an income 
     tax, voters amended the Constitution by popular vote to 
     provide that ``Congress shall have power to lay and collect 
     taxes on incomes, from whatever source derived . . .'' 
     (Sixteenth Amendment).
           By Mr. HARPER:
       H.R. 602.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clauses 1 and 3 of the Constitution 
     of the United States.
            By Mr. HARPER:
       H.R. 603.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clauses 1 and 3 of the Constitution 
     of the United States.
            By Mr. HARPER:
       H.R. 604.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clauses 1 and 3 of the Constitution 
     of the United States.
           By Mr. PAULSEN:
       H.R. 605.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8.
            By Mr. SCHOCK:
       H.R. 606.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The constitutional authority on which this bill rests is 
     the power of Congress as stated in Article I, Section 8, 
     Section 9 and Amendment X of the United States Constitution.
           By Mr. KING of New York:
       H.R. 607.
       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.

[[Page 1548]]

       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 forgoing Powers, and all 
     other Powers vested by this Constitution in the Government of 
     the United States or in any Department or Officer thereof.
           By Mr. REICHERT:
       H.R. 608.
       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, specifically clause 1 (relating to 
     providing for the general welfare of the United States) and 
     clause 18 (relating to the power to make all laws necessary 
     and proper for carrying out the powers vested in Congress), 
     and Article IV, Section 3, Clause 2 (relating to the power of 
     Congress to dispose of and make all needful rules and 
     regulations respecting the territory or other property 
     belonging to the United States).
           By Mr. HANNA:
       H.R. 609.
       Congress has the power to enact this legislation pursuant 
     to the following:
       This bill is enacted pursuant to Clause 1 of Section 8 of 
     Article 1 of the United States Constitution.
            By Mr. BURGESS:
       H.R. 610.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The constitutional authority on which this bill rests is 
     the power of Congress to borrow money on the credit of the 
     United States; To regulate Commerce with foreign Nations, and 
     among the several States, and with the Indian Tribes; and to 
     coin Money, regulate the Value thereof, and of foreign Coin, 
     and fix the Standard of Weights and Measures as enumerated in 
     Article I, Section 8, Clauses 1, 2 & 4 of the United States 
     Constitution.
           By Mr. RUSH:
       H.R. 611.
       Congress has the power to enact this legislation pursuant 
     to the following:
       [The Congress shall have Power] To regulate Commerce with 
     foreign Nations, and among the several States, and with the 
     Indian tribes. U.S. Const., Art. I, Sec. 8, Cl. 3. More 
     specifically, the Interstate Commerce Clause--the second of 
     the three enumerated commerce clause powers that the 
     Constitution confers upon Congress--serves as the 
     constitutional basis for this legislation. Further, per the 
     landmark U.S. Supreme Court case, Griswold v. Connecticut 
     (1965), the Court held that the Constitution protects an 
     individual's right to privacy, which is contained in the 
     ``penumbras'' and ``emanations'' of other constitutional 
     protections. Three of the concurrences to the majority 
     Griswold opinion based the right to privacy on both the Ninth 
     Amendment and the due process clause found in the Fourteenth 
     Amendment. Finding such support in the Fourteenth Amendment 
     is notable, in part, as at least ten (10) states (AL, AZ, CA, 
     FL, HI, IL, LA, MO, SC, WA) expressly recognize a person's 
     right to privacy in their own state constitutions. Elected 
     federal public officials, federal and state policy makers, 
     industry, consumer and privacy advocacy groups all agree that 
     personal privacy of consumer information must be protected in 
     order for e-commerce business models and businesses (in 
     particular), which make use of Internet- and intranet-based 
     platforms and networks to be successful and sustainable.
            By Mr. GARAMENDI:
        H.R. 612.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1--The Legislative Branch, Section 8--Powers of 
     Congress: 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 borrow money on the credit of the United States;
       To regulate Commerce with foreign Nations, and among the 
     several States, and with the Indian Tribes;
       To establish an uniform Rule of Naturalization, and uniform 
     Laws on the subject of Bankruptcies throughout the United 
     States;
       To coin Money, regulate the Value thereof, and of foreign 
     Coin, and fix the Standard of Weights and Measures;
       To provide for the Punishment of counterfeiting the 
     Securities and current Coin of the United States;
       To establish Post Offices and Post Roads;
       To promote the Progress of Science and useful Arts, by 
     securing for limited Times to Authors and Inventors the 
     exclusive Right to their respective Writings and Discoveries;
       To constitute Tribunals inferior to the Supreme Court;
       To define and punish Piracies and Felonies committed on the 
     high Seas, and Offenses against the Law of Nations;
       To declare War, grant Letters of Marque and Reprisal, and 
     make Rules concerning Captures on Land and Water;
       To raise and support Armies, but no Appropriation of Money 
     to that Use shall be for a longer Term than two Years;
       To provide and maintain a Navy;
       To make Rules for the Government and Regulation of the land 
     and naval Forces;
       To provide for calling forth the Militia to execute the 
     Laws of the Union, suppress Insurrections and repel 
     Invasions;
       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, reserving to 
     the States respectively, the Appointment of the Officers, and 
     the Authority of training the Militia according to the 
     discipline prescribed by Congress;
       To exercise exclusive Legislation in all Cases whatsoever, 
     over such District (not exceeding ten Miles square) as may, 
     by Cession of particular States, and the acceptance of 
     Congress, become the Seat of the Government of the United 
     States, and to exercise like Authority over all Places 
     purchased by the Consent of the Legislature of the State in 
     which the Same shall be, for the Erection of Forts, 
     Magazines, Arsenals, dock-Yards, and other needful Buildings; 
     And
       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 Mr. GARAMENDI:
       H.R. 613.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1--The Legislative Branch, Section 8--Powers of 
     Congress: 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 borrow money on the credit of the United States;
       To regulate Commerce with foreign Nations, and among the 
     several States, and with the Indian Tribes;
       To establish an uniform Rule of Naturalization, and uniform 
     Laws on the subject of Bankruptcies throughout the United 
     States;
       To coin Money, regulate the Value thereof, and of foreign 
     Coin, and fix the Standard of Weights and Measures;
       To provide for the Punishment of counterfeiting the 
     Securities and current Coin of the United States;
       To establish Post Offices and Post Roads;
       To promote the Progress of Science and useful Arts, by 
     securing for limited Times to Authors and Inventors the 
     exclusive Right to their respective Writings and Discoveries;
       To constitute Tribunals inferior to the Supreme Court;
       To define and punish Piracies and Felonies committed on the 
     high Seas, and Offenses against the Law of Nations;
       To declare War, grant Letters of Marque and Reprisal, and 
     make Rules concerning Captures on Land and Water;
       To raise and support Armies, but no Appropriation of Money 
     to that Use shall be for a longer Term than two Years;
       To provide and maintain a Navy;
       To make Rules for the Government and Regulation of the land 
     and naval Forces;
       To provide for calling forth the Militia to execute the 
     Laws of the Union, suppress Insurrections and repel 
     Invasions;
       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, reserving to 
     the States respectively, the Appointment of the Officers, and 
     the Authority of training the Militia according to the 
     discipline prescribed by Congress;
       To exercise exclusive Legislation in all Cases whatsoever, 
     over such District (not exceeding ten Miles square) as may, 
     by Cession of particular States, and the acceptance of 
     Congress, become the Seat of the Government of the United 
     States, and to exercise like Authority over all Places 
     purchased by the Consent of the Legislature of the State in 
     which the Same shall be, for the Erection of Forts, 
     Magazines, Arsenals, dock-Yards, and other needful Buildings; 
     And
       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 Ms. MOORE:
       H.R. 614.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Section 8 of Article I of the Constitution.
           By Mrs. LUMMIS:
       H.R. 615.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 2 of Article 1, Section 8 of the Constitution.
           By Mrs. MALONEY:
       H.R. 616.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, 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. MATHESON:
       H.R. 617.
       Congress has the power to enact this legislation pursuant 
     to the following:

[[Page 1549]]

       Article I, Section 8, Clause 3 and 18.
           By Mr. BOSWELL:
       H.R. 618.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 3 of Section 8 of Article I of the Constitution.
           By Mr. BOSWELL:
       H.R. 619.
       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. DUFFY:
       H.R. 620.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The principal constitutional authority for this legislation 
     is Clause 7 of Section 9 of Article I of the Constitution of 
     the United States (the appropriation power), which states: 
     ``No Money shall be drawn from the Treasury, but in 
     Consequence of Appropriations made by Law . . . .''
           By Mr. COFFMAN of Colorado:
       H.R. 621.
       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 (Clauses 12, 13, 14, 16, and 18), 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; to provide for 
     organizing, arming, and disciplining the militia; and to make 
     all laws necessary and proper for carrying out the foregoing 
     powers.
           By Mr. CAMP:
       H.R. 622.
       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.
           By Mr. BACA:
       H.R. 623.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3 and Article I, Section 8, 
     Clause 18.
           By Mr. CARNEY:
       H.R. 624.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 of Article I of the Constitution; 
     Clause 18 of Section 8 of Article I of the Constitution; and 
     Clause 2 of Section 3 of Article IV of the Constitution.
            By Mr. CARTER:
       H.R. 625.
        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 14, which grants Congress the 
     power to make Rules for the Government and Regulation of the 
     land and naval Forces.
           By Mr. CLEAVER:
       H.R. 626.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 of Article I of the Constitution
           By Mr. CLEAVER:
       H.R. 627.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 3 of Section 8 of Article I of the Constitution and 
     Clause 18 of Section 8 of Article I of the Constitution.
           By Mr. CLEAVER:
       H.R. 628.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 of Article I of the Constitution.
           By Mr. CLEAVER:
       H.R. 629.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 of Article I of the Constitution.
           By Mr. CRITZ:
       H.R. 630.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Section 8 of Article 1 of the Constitution.
           By Ms. EDWARDS:
       H.R. 631.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congress is authorized to enact this legislation under the 
     Commerce Clause, Article I, Section 8, Clause 3, ``to 
     regulate Commerce with foreign Nations, and among the several 
     States, and with the Indian Tribes.'' Additionally, Congress 
     has the authority to enact this legislation pursuant to the 
     Preamble of the Constitution, ``to promote the general 
     welfare.''
           By Mr. FLAKE:
       H.R. 632.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congress has the power to enact this legislation pursuant 
     to the enumerated powers listed in Article I, Section 8, 
     which include the power to ``lay and collect taxes, duties, 
     imports, and excises, to pay the debts . . .''
           By Mr. FLAKE:
       H.R. 633.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congress has the power to enact this legislation pursuant 
     to the enumerated powers listed in Article I, Section 8, 
     which include the power to ``provide for the common defense 
     and general welfare of the United States . . .''.
           By Mr. FLAKE:
       H.R. 634.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congress has the power to enact this legislation pursuant 
     to the enumerated powers listed in Article I, Section 8, 
     which include the power to ``lay and collect taxes, duties, 
     imports, and excises, to pay the debts . . .''.
           By Mr. FORBES:
       H.R. 635.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 1 and Section 8, Clause 18.
           By Ms. GRANGER:
       H.R. 636.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 18 of the United States 
     Constitution.
           By Mr. HUNTER:
       H.R. 637.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The constitutional authority for the Fairness for Military 
     Recruiters Act is Article I, Section 8, Clause I. Also, 
     Article I, Section 8, Clauses 12, 13, 14 and 16.
           By Mr. JOHNSON of Illinois:
       H.R. 638.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 9: ``No Money shall be drawn from the 
     Treasury, but in Consequence of Appropriations made by Law; 
     and a regular Statement and Account of the Receipts and 
     Expenditures of all public Money shall be published from time 
     to time.''
            By Mr. LEVIN:
        H.R. 639.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The constitutional authority on which this bill rests is 
     the power of Congress to lay and collect duties and to 
     regulate Commerce with foreign Nations, as enumerated in 
     Article I, Section 8.
           By Ms. MATSUI:
       H.R. 640.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clauses 3 and 18.
           By Ms. NORTON:
       H.R. 641.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 17 of Section 8 of Article I of the Constitution.
           By Mr. PENCE:
       H.R. 642.
       Congress has the power to enact this legislation pursuant 
     to the following:
       This bill protects against infringement upon the essential 
     liberty of freedom of speech, in accordance with Amendment I 
     of the United States Constitution.
           By Mr. POLIS:
       H.R. 643.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8 of the United States Constitution, 
     specifically Clause 1 (relating to the power of Congress to 
     provide for the general welfare of the United States) and 
     Clause 18 (relating to the power to make all laws necessary 
     and proper for carrying out the powers vested in Congress), 
     and Article IV, Section 3, Clause 2 (relating to the power of 
     Congress to dispose of and make all needful rules and 
     regulations respecting the territory or other property 
     belonging to the United States).
           By Mr. RAHALL:
       H.R. 644.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 14 of the United States 
     Constitution which states that the ``Congress shall have the 
     Power To make Rules for the Government and Regulation of the 
     land and naval Forces.''
       Article I, Section 8, Clause 18 of the United States 
     Constitution which states that the ``Congress shall have the 
     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.''
           By Mr. ROSS of Arkansas:
       H.R. 645.
       Congress has the power to enact this legislation pursuant 
     to the following:
       This bill is enacted pursuant to the power granted to 
     Congress under Article I, Section 8, Clause 17 of the United 
     States Constitution.
           By Mr. SERRANO:
       H.R. 646.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3, which gives Congress the 
     power ``To regulate Commerce

[[Page 1550]]

     with foreign Nations, and among the several States, and with 
     the Indian Tribes,'' Article I, Section 8, Clause 1, which 
     gives Congress the 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,'' 
     and Article I, Section 8, Clause 18, which gives Congress the 
     power ``To make all Laws which shall be necessary and proper 
     for carrying into Execution the foregoing Powers.''
           By Mr. SIMPSON:
       H.R. 647.
       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, specifically Clause 1 (relating to 
     providing for the general welfare of the United States) and 
     Clause 18 (relating to the power to make all laws necessary 
     and proper for carrying out the powers vested in Congress), 
     and Article IV, Section 3, Clause 2 (relating to the power of 
     Congress to dispose of and make all needful rules and 
     regulations respecting the territory or other property 
     belonging to the United States).
           By Mr. TERRY:
       H.R. 648.
       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 (Clauses 12, 13, 14, 16, and 18), 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; to provide for 
     organizing, arming, and disciplining the militia; and to make 
     all laws necessary and proper for carrying out the foregoing 
     powers.
           By Mr. WELCH:
       H.R. 649.
       Congress has the power to enact this legislation pursuant 
     to the following:
       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.
           By Mr. WELCH:
       H.R. 650.
       Congress has the power to enact this legislation pursuant 
     to the following:
       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.
           By Ms. WOOLSEY:
       H.R. 651.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I.
           By Mr. YOUNG of Alaska:
       H.R. 652.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3.

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