[Congressional Record (Bound Edition), Volume 158 (2012), Part 12]
[House]
[Page 16072]
[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. ISSA:
       H.R. 6625.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Sec. 8: To regulate Commerce with foreign 
     Nations, and among the several States, and with the Indian 
     Tribes; 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. 
     Article II, section 2, clause 2: [The President] shall have 
     the power, by and with the Advice and Consent of the Senate, 
     to make Treaties.'' For much of the Nation's history, Indian 
     treaties, and legislation made pursuant to Indian treaties, 
     governed the relations between the Federal Government and 
     Indian tribes. The U.S. Supreme Court has acknowledged that 
     these and other provisions of the Constitution of the United 
     States grant Congress with broad plenary to legislate with 
     regard to Indian affairs. The Court in Oliphant v. Suquamish 
     Indian Tribes held in part that Congress' treaty and other 
     dealings with tribes inherently divested tribes of criminal 
     jurisdiction over persons who were not citizens of the host 
     tribe. Similarly, the Court in U.S. v. Lara upheld Congress' 
     restoration of tribal criminal authority over non-member 
     Indians.
            By Mr. HONDA:
        H.R. 6626.
       Congress has the power to enact this legislation pursuant 
     to the following:
       section 8 of article I of the Constitution.
           By Mr. LANGEVIN:
       H.R. 6627.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 of the United States 
     Constitution.

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