[Congressional Record (Bound Edition), Volume 157 (2011), Part 5]
[House]
[Pages 6735-6737]
[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. McGOVERN:
       H.R. 1735.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, clause one (provide for the common 
     Defense and general Welfare of the United States; and Article 
     I, Section 8, clause 18 (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. McKINLEY:
       H.R. 1736.
       Congress has the power to enact this legislation pursuant 
     to the following:
       According to Article I, Section 8, Clause 3 of the 
     Constitution: The Congress shall have power to enact this 
     legislation to regulate commerce with foreign nations, and 
     among the several states, and with the Indian tribes.
           By Mr. GARRETT:
       H.R. 1737.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Tenth Amendment to the Constitution:
       ``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.''
           By Mr. REICHERT:
       H.R. 1738.
       Congress has the power to enact this legislation pursuant 
     to the following:
       ``Amendment XVI to the Constitution of the United States: 
     The Congress shall have power to lay and collect taxes on 
     incomes, from whatever source derived, without apportionment 
     among the several States, and without regard to any census or 
     enumeration.''
           By Mr. DOLD:
       H.R. 1739.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Interstate Commerce Clause--Article 1, Section 8, Clause 3
           By Mr. LARSEN of Washington:
       H.R. 1740.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Under Article 1, Section 2 of the Constitution, ``the House 
     of Representatives shall be composed of Members chosen every 
     second Year by the People of the several States.'' As 
     described in Article 1, Section 1 ``all legislative powers 
     herein granted shall be vested in a Congress.'' I was elected 
     in 2010 to serve in the 112th Congress as certified by the 
     Secretary of State of Washington state.
       Article III, Section 2 states that the Supreme Court has 
     ``the judicial power'' that ``shall extend to all cases, in 
     law and equity, arising under this Constitution, the laws of 
     the United States.'' Article II, Section 1 of the 
     Constitution provides that the Supreme Court is the supreme 
     law of the land when stating ``The judicial power of the 
     United States, shall be vested in one supreme Court.''
       The power of judicial review of the Supreme Court was 
     upheld in Marbury v Madison in 1803, giving the Supreme Court 
     the authority to strike down any law it deems 
     unconstitutional. Members of Congress, having been elected 
     and taken the oath of office, are given the authority to 
     introduce legislation and only the Supreme Court, as 
     established by the Constitution and precedent, can determine 
     the Constitutionality of this authority.
           By Mr. SMITH of Texas:
       H.R. 1741.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 4 of section 8 of article I of the Constitution.
           By Mr. MILLER of North Carolina:
       H.R. 1742.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8, clause 1 (related to providing for 
     the common Defence and general Welfare of the United States)
           By Mr. GOSAR:
        H.R. 1743.
        Congress has the power to enact this legislation pursuant 
     to the following:
       This bill addresses federal oversight and management of 
     federal land. Accordingly, pursuant to:
       Article I, Sec. 8, Clause 17, which provides that Congress 
     has the power and authority 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.
       (Emphasis added). Thus, the Constitution's Places Clause 
     confers the express and exclusive constitutional authority to 
     Congress to manage Federal Property, including federally 
     owned property used for any ``needful'' government purpose. 
     The federal government's duty to raise and maintain a 
     military force subsumes a duty to maintain and take care of 
     its veterans from such military forces. Thus, a veterans' 
     center is a ``needful building'' to fulfill a core 
     constitutional duty, and thus Congress has the exclusive 
     authority to manage it and give it a name. James v. Dravo 
     Contracting Co., 302 U.S. 134, 143 (1937) (taking the 
     ``view'' that the phrase ``other needful buildings'' embraces 
     ``whatever structures are found to be necessary in the 
     performance of the functions of the federal government). For 
     these reasons, the bill seeking to name a veteran's center is 
     constitutionally permissible.
           By Mr. BOUSTANY:
       H.R. 1744.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 of the United States 
     Constitution
           By Mr. CAMP:
       H.R. 1745.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1
           By Ms. BALDWIN:
       H.R. 1746.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congress has the power to enact this legislation pursuant 
     to Article I, Section 8, Clause 3 of the Constitution of the 
     United States.
           By Mr. HERGER:
       H.R. 1747.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1.
           By Mr. BISHOP of New York:
       H.R. 1748.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Sec. 8, Clause 1
       Article 1, Sec. 8, Clause 3
       Article 4, Sec. 3, Clause 2
           By Ms. SLAUGHTER:
       H.R. 1749.
        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 3 of the United 
     States Constitution.
           By Mr. TURNER:
       H.R. 1750.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I Section 8.
           By Mr. BACHUS:
       H.R. 1751.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8, clause 1 (relating to the general 
     welfare of the United States); and Article I, section 8, 
     clause 3 (relating to the power to regulate interstate 
     commerce).
           By Mr. CROWLEY:
       H.R. 1752.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 3 of section 8 of article I of the Constitution
           By Mrs. Maloney:
       H.R. 1753.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Spending Authorization
       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. GARY G. MILLER of California:
       H.R. 1754.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8, clause 1 (relating to the general 
     welfare of the United States); and Article I, section 8, 
     clause 3 (relating to the power to regulate interstate 
     commerce).
           By Mr. GARY G. MILLER of California:
       H.R. 1755.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8, clause 1 (relating to the general 
     welfare of the United States); and Article I, section 8, 
     clause 3 (relating to the power to regulate interstate 
     commerce).
           By Mr. BASS of New Hampshire:
       H.R. 1756.
       Congress has the power to enact this legislation pursuant 
     to the following:

[[Page 6736]]

       Article 1, Section 8, Congress has the power ``to regulate 
     commerce with foreign nations, and among the several states''
           By Ms. BERKLEY:
       H.R. 1757.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I Sec. 8 of the United States Constitution.
           By Mr. BISHOP of New York:
       H.R. 1758.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clauses 1, 3, and 18 of Section 8 of Article I of the 
     Constitution.
           By Mr. BONNER:
       H.R. 1759.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 of the United States 
     Constitution.
           By Mr. GEORGE MILLER of California:
       H.R. 1760.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8 of the Constitution of the United 
     States grants Congress the authority to enact this bill.
           By Mr. PIERLUISI:
       H.R. 1761.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The constitutional authority on which this bill rests is 
     the power of the Congress enumerated in Article I, Section 8, 
     Clause 1 of the United States Constitution.
           By Mr. BONNER:
        H.R. 1762.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 of the United States 
     Constitution.
           By Mr. BOUSTANY:
       H.R. 1763.
       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. BOUSTANY:
       H.R. 1764.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 9, Clause 7 of the United States 
     Constitution.
           By Mr. BOUSTANY:
       H.R. 1765.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article VI, Clause 2 of the United States Constitution as 
     upheld by the Supreme Court of Missouri v. Holland, 252 U.S. 
     H416 (1920)
           By Mr. BOUSTANY:
       H.R. 1766.
       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. BOUSTANY:
       H.R. 1767.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 of the United States 
     Constitution.
           By Mr. BOUSTANY:
       H.R. 1768.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 of the United States 
     Constitution.
           By Mr. BOUSTANY:
       H.R. 1769.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 of the United States 
     Constitution.
           By Mr. BOUSTANY:
       H.R. 1770.
       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. COHEN:
       H.R. 1771.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clauses 1 and 3 of Article I, Section 8 of the United 
     States Constitution.
           By Mr. ENGEL:
        H.R. 1772.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8
       ``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. GERLACH:
       H.R. 1773.
       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.
           By Mr. HASTINGS of Florida:
        H.R. 1774.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 in Article 1 relating to the general 
     welfare of the United States.
            By Mr. HECK:
        H.R. 1775.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The power granted to Congress under Article I, Section 8, 
     Clause 18 of the United States Constitution, 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. ALTMIRE:
        H.R. 1776.
        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.
       And
       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. LATTA:
        H.R. 1777.
        Congress has the power to enact this legislation pursuant 
     to the following:
       This resolution is enacted pursuant to Article I, Section 
     8, Clause 3 of the United States Constitution.
           By Mrs. MALONEY:
        H.R. 1778.
        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. MARINO:
        H.R. 1779.
        Congress has the power to enact this legislation pursuant 
     to the following:
       1) 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.
       2) 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. MATSUI:
        H.R. 1780.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 3
            By Mrs. McCARTHY of New York:
        H.R. 1781.
        Congress has the power to enact this legislation pursuant 
     to the following:
       This bill is enacted pursuant to the powers granted to the 
     Congress by Article I, Section 8, Clause 3 of the United 
     States Constitution.
           By Mr. McCOTTER:
        H.R. 1782.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 9, Clause 7
       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.
       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. MILLER of North Carolina:
        H.R. 1783.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 (Relating to the General 
     Welfare of the United States)
       Article I, Section 8, Clause 3 (Relating to the power to 
     regulate interstate commerce)
            By Mr. NADLER:
        H.R. 1784.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, section 8, clause 3 (to regulate Commerce with 
     foreign Nations, and among the several States, and with the 
     Indian Tribes), and clause 18 (to make all Laws which shall 
     be necessary and proper for the 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. NORTON:
        H.R. 1785.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Section 1 of article I, and clause 18, section 8 of article 
     I of the Constitution.
           By Ms. NORTON:
       H.R. 1786.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Section 1 of article I, and clause 18, section 8 of article 
     I of the Constitution.

[[Page 6737]]


           By Ms. NORTON:
       H.R. 1787.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Section 1 of article I, and clause 18, section 8 of article 
     I of the Constitution.
           By Mr. PASCRELL:
        H.R. 1788.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Congress has the power to enact this legislation pursuant 
     to Article I, Section 8, Clause 1 of the United States 
     Constitution.
           By Mr. PAULSEN:
        H.R. 1789.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1 Section 8.
           By Mr. ROHRABACHER:
       H.R. 1790.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1--The Legislative Branch, Section: 7--Legislative 
     Process: Clauses 1-3--Revenue Bills.
           By Mr. ROONEY:
       H.R. 1791.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1 Section 8: 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. SCHOCK:
       H.R. 1792.
       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 7, and 
     Article I, Section 8 of the United States Constitution.
           By Mr. SENSENBRENNER:
       H.R. 1793.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3, of the Constitution.

                          ____________________