[Congressional Record (Bound Edition), Volume 157 (2011), Part 8]
[House]
[Pages 11267-11268]
[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. BOREN:
       H.R. 2550.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Section 8 of Article I of the Constitution.
           By Mr. CRENSHAW:
       H.R. 2551.
       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 Mr. GOODLATTE:
       H.R. 2552.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The United States Constitution Article 1 Clause 8.
           By Mr. MICA:
       H.R. 2553.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8 of the United States Constitution, 
     specifically Clause 1, Clause 3, and Clause 18.
           By Mrs. MALONEY:
       H.R. 2554.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 3, which reads: The Congress 
     shall have Power * * * To regulate Commerce with foreign 
     Nations, and among the several States, and with the Indian 
     Tribes.
           By Mr. TURNER:
       H.R. 2555.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1, U.S. Constitution
           By Mr. RYAN of Ohio:
       H.R. 2556.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The above mentioned legislation is based upon the following 
     Section 8 statement:
       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. SMITH of New Jersey:
       H.R. 2557.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The constitutional authority on which this bill is based is 
     Congress's power under Article I, Section 8, Clause 1 of the 
     Constitution.
            By Mr. CICILLINE:
       H.R. 2558.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8
           By Mr. DEUTCH:
       H.R. 2559.
       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 18 of the United 
     States Constitution.
           By Mr. CHAFFETZ:
       H.R. 2560.
       Congress has the power to enact this legislation pursuant 
     to the following:
       clause 1 of section 8 of article I; and
       article V of the United States Constitution.
           By Mr. GOSAR:
       H.R. 2561.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 7 of the United States 
     Constitution, known as the Postal Clause, empowers Congress:
       To establish Post Offices and post Roads.
       Article I, Section 8, Clause 7. In addition, Article IV, 
     Section 3, Clause 2, provides:
       The Congress shall have Power to dispose of and make all 
     needful Rules and Regulations respecting the Territory or 
     other Property belonging to the United States; and nothing in 
     this Constitution shall be so construed as to Prejudice any 
     Claims of the United States, or of any particular State.
       The Postal Clause, an express Constitutional duty imposed 
     upon Congress, carries with it the right to establish post 
     offices, and with that right, is the concomitant right to 
     operate, name, design, refurbish, and staff such post 
     offices. This bill simply seeks to name a post office. The 
     Property Clause further buttresses the plenary right of 
     Congress to manage its properties, including implementing 
     ``needful'' rules and regulations, which would include the 
     ability to name a federal building.
       Though not of constitutional import, it is important to 
     note that this bill does not name a post office after a 
     living person. The person to be honored by this bill died 
     during combat operations in service to her country. Thus, the 
     unseemly practice of naming federal properties after living 
     persons is not implicated herein.
           By Mr. GOSAR:
       H.R. 2562.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article IV, Section 3, Clause 2.
       The Congress shall have Power to dispose of and make all 
     needful Rules and Regulations respecting the Territory or 
     other Property belonging to the United States; and nothing in 
     this Constitution shall be so construed as to Prejudice any 
     Claims of the United States, or of any particular State.
       Currently, the federal government possesses approximately 
     1.8 billion acres of

[[Page 11268]]

     land. The land at issue in this bill is but a small part of 
     those holdings. The U.S. Constitution specifically addresses 
     the relationship of the federal government to lands. Article 
     IV, Sec. 3, Clause 2--the Property Clause--gives Congress 
     plenary power and full authority over federal property. The 
     U.S. Supreme Court has described Congress's power to 
     legislate under this Clause as ``without limitation.'' 
     Because of this express Constitutional authority, Congress 
     has the right, if not the duty, to properly manage its public 
     lands, including establishing forestation policies, and tree 
     harvesting and tree salvaging. This bill falls squarely 
     within the express Constitutional power set forth in the 
     Property Clause.
            By Mr. HALL:
       H.R. 2563.
       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 dispose of and make all needful 
     rules and regulations respecting the territory or other 
     property belonging to the United States, as enumerated in 
     Article IV, Section 3, Clause 2 of the United States 
     Constitution.
           By Mr. KING of New York:
       H.R. 2564.
       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. LOEBSACK:
       H.R. 2565.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause I of the Constitution which 
     grants Congress the power to provide for the general Welfare 
     of the United States.
           By Mr. MARKEY:
       H.R. 2566.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8
           By Mr. PIERLUISI:
       H.R. 2567.
       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, and 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.
           By Mr. POSEY:
       H.R. 2568.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 1 of the United States 
     Constitution
       The 16th Amendment to the United States Constitution
           By Mr. ROSKAM:
       H.R. 2569.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, which states ``The Congress shall 
     have Power To lay and collect Taxes,'' and Article I, Section 
     7, which states ``All Bills for raising Revenue shall 
     originate in the House of Representatives.''
           By Mr. SCHILLING:
       H.R. 2570.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 12
       To raise and support Armies, but no Appropriation of Money 
     to that Use shall be for a longer Term than two Years.
           By Mr. SCHOCK:
       H.R. 2571.
       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, and 
     Amendment X of the United States Constitution.
           By Mr. SENSENBRENNER:
       H.R. 2572.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3, of the Constitution

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