[Congressional Record (Bound Edition), Volume 158 (2012), Part 7]
[House]
[Page 9307]
[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. KUCINICH:
        H.R. 5959.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause III of the Constitution.
            By Mr. MARKEY:
        H.R. 5960.
        Congress has the power to enact this legislation pursuant 
     to the following:
       This bill addresses management of federal land. 
     Accordingly, we turn to the following constitutional 
     authority: 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 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 Mrs. CAPITO:
        H.R. 5961.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3 (Interstate Commerce Clause)
       Article I, Section 8, Clause 18 (Necessary and proper 
     clause)
            By Mrs. CAPPS:
        H.R. 5962.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 3
            By Mr. COLE:
        H.R. 5963.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1
       The Congress shall have the Power to lay and collect Taxes, 
     Duties, Imposts and Excises, to pay the Debts and provide for 
     the common Defense and general Welfare of the United States; 
     but all Duties, Imposts and Excises shall be uniform 
     throughout the United States.
            By Mr. CUELLAR:
        H.R. 5964.
        Congress has the power to enact this legislation pursuant 
     to the following:
       THE U.S. CONSTITUTION ARTICLE I, SECTION 8: POWERS OF 
     CONGRESS 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 this 
     Constitution in the government of the United States, or in 
     any department or officer thereof.
            By Mr. GALLEGLY:
        H.R. 5965.
        Congress has the power to enact this legislation pursuant 
     to the following:
       This bill is enacted pursuant to Article IV, Section 3, 
     Clause 2 of the United States Constitution, it is the power 
     of Congress to ``make all needful Rules and Regulations 
     respecting the Territory or other Property belonging to the 
     United States,''.
            By Mr. KING of New York:
        H.R. 5966.
        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. MARKEY:
        H.R. 5967.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8.
            By Mr. POSEY:
        H.R. 5968.
        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.
       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 of Officer thereof.
            By Mr. WALBERG:
        H.R. 5969.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8 of the Constitution of the United 
     States
            By Mr. WALBERG:
        H.R. 5970.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8 of the Constitution of the United 
     States
            By Mr. WALSH of Illinois:
        H.R. 5971.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 4, Clause 1: The Times, Places, and 
     Manner of holding Elections for Senators and Representatives, 
     shall be prescribed by each state by the legislature thereof; 
     but the Congress may at any time by Law make or such 
     Regulations, except as to the Places of chusing Senators.

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