[Congressional Record (Bound Edition), Volume 157 (2011), Part 6]
[House]
[Pages 8688-8689]
[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 Ms. ROS-LEHTINEN:
       H.R. 2105.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Section 8 of Article I of the Constitution.
           By Ms. ROS-LEHTINEN:
       H.R. 2106.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Section 8 of Article I of the Constitution.
           By Mr. MICHAUD:
       H.R. 2107.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8 of the United States Constitution, 
     specifically Clause 3 and Clause 18.
           By Mr. SESSIONS:
       H.R. 2108.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8 to allow Congress to regulate the 
     business of Ambulatory Surgical Centers.
           By Mr. SESSIONS:
        H.R. 2109.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8 to allow Congress to regulate the 
     individuals and business contributions to the Social Security 
     Trust Fund.
            By Mr. BISHOP of New York:
        H.R. 2110.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Sec. 8, Clause 3
            By Mr. McDERMOTT:
        H.R. 2111.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 3 of the United States 
     Constitution
            By Mr. KINGSTON:
        H.R. 2112.
        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 . . . .'' In 
     addition, clause 1 of section 8 of article I of the 
     Constitution (the spending power) provides: ``The Congress 
     shall have the Power . . . to pay the Debts and provide for 
     the common Defence and general Welfare of the United States . 
     . . .'' Together, these specific constitutional provisions 
     establish the congressional power of the purse, granting 
     Congress the authority to appropriate funds, to determine 
     their purpose, amount, and period of availability, and to set 
     forth terms and conditions governing their use.
            By Ms. HIRONO:
        H.R. 2113.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8 and Article IV, section 3 of the 
     Constitution of the United States grant Congress the 
     authority to enact this bill.
           By Mr. ISSA:
        H.R. 2114.
        Congress has the power to enact this legislation pursuant 
     to the following:
       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 Ms. HIRONO:
        H.R. 2115.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 4 of Section 8 of Article I of the Constitution, 
     which grants Congress the power ``[t]o establish an uniform 
     Rule of Naturalization . . . throughout the United States.''
            By Ms. HIRONO:
        H.R. 2116.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 4 of Section 8 of Article I of the Constitution, 
     which grants Congress the power ``[t]o establish an uniform 
     Rule of Naturalization . . . throughout the United States.''
           By Ms. FOXX:
        H.R. 2117.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8 of the United States Constitution
            By Mr. CHAFFETZ:
        H.R. 2118.
        Congress has the power to enact this legislation pursuant 
     to the following:
       This law is enacted pursuant to Article 1, Section 8, 
     Clause 3, and the 10th Amendment to the U.S. Constitution.
           By Mrs. BONO MACK:
        H.R. 2119.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The authority for enactment of this Bill flows from Article 
     I, Section 8, clause 3 of the Commerce Clause of the United 
     States Constitution. The Congress has the right to regulate 
     Commerce with foreign Nations, and among the several States, 
     and with the Indian Tribes.
            By Ms. JACKSON LEE of Texas:
        H.R. 2120.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I of Constitution section 8.
           By Mr. SMITH of New Jersey:
       H.R. 2121.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, section 8, clauses 3 and 18 of the Constitution
           By Ms. ROS-LEHTINEN:
        H.R. 2122.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, sections 8 (clauses 3 and 18).
           By Mr. GALLEGLY:
        H.R. 2123.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8, Article I of the Constitution.
            By Mr. CANSECO:
        H.R. 2124.
        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 provide for the common defense, as 
     enumerated in Article 1, Section 8, Clause 1 of the United 
     States Constitution.
           By Mr. BACA:
       H.R. 2125.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3
           By Mr. CAMPBELL:
       H.R. 2126.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 3 of section 8 of article I of the Constitution of 
     the United States.
            By Mr. COHEN:
       H.R. 2127.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clauses 1, 3, and 18 of the 
     Constitution.
           By Mrs. ELLMERS:
       H.R. 2128.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The authority to enact this bill is derived from, but may 
     not be limited to, Clause 1 of Section 8 of Article I of the 
     United States Constitution.
           By Mr. ENGEL:
       H.R. 2129.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The bill is enacted pursuant to the power granted to 
     Congress under the following provisions of the United States 
     Constitution:
       Article I, Section 1;
       Article I, Section 8, Clause 1;
       Article I, Section 8, Clause 3; and
       Article I, Section 8, Clause 18.
           By Mr. LANGEVIN:
       H.R. 2130.
       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. LARSEN of Washington:
       H.R. 2131.
       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 Mrs. LOWEY:
       H.R. 2132.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I
           By Mr. MATHESON:
       H.R. 2133.
       Congress has the power to enact this legislation pursuant 
     to the following:

[[Page 8689]]

       Article I, Section 8, Clause 3 and Clause 18 of the United 
     States Constitution
       By Mr. OLVER:
       H.R. 2134.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of section 8 of article I of the Constitution, and
       Clause 18 of section 8 of article I of the Constitution.
           By Mr. PIERLUISI:
       H.R. 2135.
       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 to provide for the general welfare 
     of the United States, as enumerated in Article I, Section 8, 
     Clause 1 of the United States Constitution; to make all laws 
     which shall be necessary and proper for carrying into 
     execution such power, as enumerated in Article I, Section 8, 
     Clause 18 of the Constitution; and to make rules and 
     regulations respecting the U.S. territories, as enumerated in 
     Article IV, Section 3, Clause 2 of the Constitution.
           By Mr. PRICE of North Carolina:
       H.R. 2136.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congress has the power to enact this legislation under 
     Article I, Section 8, clauses 1 (``[to] provide for the 
     common Defense and general Welfare of the United States'') 
     and 10 (``[t]o define and punish . . . Offenses against the 
     Law of Nations'').
       However, the Supreme Court has held that Congress's 
     authority to legislate with respect to matters outside U.S. 
     boundaries is based on national sovereignty in foreign 
     affairs and, consequently, is not limited by the enumerated 
     powers delegated to Congress. For example, in United States 
     v. Curtiss-Wright Export Corp. (1936), the Supreme Court 
     ruled that the ``broad statement that the federal government 
     can exercise no powers except those specifically enumerated 
     in the Constitution, and such implied powers as are necessary 
     and proper to carry into effect the enumerated powers, is 
     categorically true only in respect of our internal affairs.''
       On March 30, 2011, in United States v. Brehm, the United 
     States District Court for the Eastern District of Virginia 
     upheld the constitutionality of the Military Extraterritorial 
     Jurisdiction Act (MEJA, on which the current legislation is 
     modeled), on this basis.
           By Mr. RENACCI:
       H.R. 2137.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 of Article I of the Constitution, 
     whereby Congress shall have the power ``[t]o 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.''
       As affirmed by Justice Benjamin Cardozo in Steward Machine 
     Company v. Davis, 301 U.S. 548 (1937), upholding the 
     constitutionality of unemployment benefits.
           By Mr. RICHMOND:
       H.R. 2138.
       Congress has the power to enact this legislation pursuant 
     to the following:
       This bill is introduced pursuant to the powers granted to 
     Congress under the General Welfare Clause (Art. 1 Sec. 8 Cl. 
     1), the Commerce Clause (Art. 1 Sec. 8 Cl. 3), and the 
     Necessary and Proper Clause (Art. 1 Sec. 8 Cl. 18).
       Further, this statement of constitutional authority is made 
     for the sole purpose of compliance with clause 7 of Rule XII 
     of the Rules of the House of Representatives and shall have 
     no bearing on judicial review of the accompanying bill.
           By Mr. ROSKAM:
       H.R. 2139.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 5 states ``The Congress shall 
     have Power . . . To coin Money, regulate the Value thereof, 
     and of foreign Coin, and fix the Standard of Weights and 
     Measures.''
           By Mr. ROSS of Arkansas:
       H.R. 2140.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Sec. 8, clause 1 (General Welfare Clause); 
     Article I, Section 8, Clause 18 (Necessary and Proper 
     Clause).
           By Ms. ROYBAL-ALLARD:
       H.R. 2141.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1.
           By Mr. SABLAN:
       H.R. 2142.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Under Article I, Section 8, Clause 3 of the Constitution, 
     Congress has the power to collect taxes and expend funds to 
     provide for the general welfare of the United States. 
     Congress may also make laws that are necessary and proper for 
     carrying into execution their powers enumerated under Article 
     I.
           By Mr. SIMPSON:
       H.R. 2143.
       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 3 (relating to the 
     authority to regulate commerce among the several states).''
           By Mr. SIRES:
       H.R. 2144.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8 of the U.S. Constitution.

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