[Congressional Record (Bound Edition), Volume 159 (2013), Part 1]
[House]
[Pages 1437-1439]
[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.

             [Omitted from the Record of February 13, 2013]

           By Mr. LoBIONDO:
       H.R. 625.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 18 of The Constitution of the 
     United States of America
           By Mr. SMITH of Washington:
       H.R. 683.
       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 make Rules for the Government and 
     Regulation of the land and naval Forces'' as enumerated in 
     Article I, section 8 of the United States Constitution and in 
     pursuit of the Equal Protection Clause found in section 1 of 
     the Fourteenth Amendment.
           By Mr. WOMACK:
       H.R. 684.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Commerce Clause of the United States Constitution, Article 
     I, Section 8, Clause 3.
           By Mr. SAM JOHNSON of Texas:
       H.R. 685.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8 of the Constitution.
           By Mrs. NOEM:
       H.R. 686.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3, the Commerce Clause.
           By Mr. GOSAR:
       H.R. 687.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article IV of the Constitution provides the authority of 
     Congress over federal property as a general matter. Article 
     IV, Sec. 3 refers to the managerial authority over property 
     owned by the Federal Government, and provides in relevant 
     part:
       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; . . .
       By virtue of this enumerated power, Congress has governing 
     authority over the lands, territories, or other property of 
     the United States--and with this authority Congress is vested 
     with the power accredited to all owners in fee, the power to 
     sell, lease, dispose, exchange, transfer, trade, mine, or 
     simply preserve land. The appropriate acreage to be held 
     under Federal dominance is not the subject of this bill. 
     Turning to the power of Article IV, Sec. 3, the Supreme Court 
     has described this enumerated grant as one ``without 
     limitation'' Kleppe v. New Mexico, 426 U.S. 529, 542-543 
     (1976) (``And while the furthest reaches of the power granted 
     by the Property Clause have not yet been definitively 
     resolved, we have repeatedly observed that `[t]he power over 
     the public land thus entrusted to Congress is without 
     limitations''' Citing United States v. San Francisco, 310 
     U.S. 29. The Court in Kleppe further explained that ``In 
     short, Congress exercises the powers both of a proprietor and 
     of a legislature over the public domain.'' Id. Like any 
     ``propiretor'' Congress has the power to sell or exchange 
     federal property.
       It is now generally accepted that the Federal Government 
     may own and manage property in the manner and form mandated 
     by Congress. United States v. Gratiot, 39 U.S. 526 (1840); 
     Camfield v. United States, 167 U.S. 518 (1897). However, the 
     wisdom of the Federal Government owning large tracts of land, 
     particularly in the Western States, is subject to question on 
     policy grounds, and some contend on Constitutional grounds 
     based on the decision in Pollard's Lessee v. Hagan, 44 U.S. 
     212 (where the Court stated that ``a proper examination of 
     this subject will show that the United States never held any 
     municipal sovereignty, jurisdiction, or right of soil in and 
     to the territory of which Alabama or any of the new States 
     were formed, except for temporary purposes . . . .'' 
     Historically, the early federal government transferred 
     ownership of federal property to either private ownership or 
     to state ownership in order to pay off the then crushing 
     Revolutionary War debts and to assist with the development of 
     infrastructure. These are still acceptable goals for federal 
     property sale or transfer.
       The land exchange here is one that comports with good 
     policy and constitutional strictures since by exchanging the 
     land set forth in this bill, a large commercial grade copper 
     mine will be able to proceed with the attendant economic 
     benefits with which such a proposition inures (assuming 
     compliance with other requirements set forth in the bill), 
     but the Federal Government also gains equally valuable land 
     that has significance for other purposes.
       Article 1, Sec. 8, Cl. 17 addresses property ceded by a 
     state and conveys exclusive regulatory federal jurisdiction 
     over these federal properties and enclaves. Section 8, Cl, 17 
     may also provide some guidance here to the extent it grants 
     Congress the power 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.'' But it is Article IV that this bill is grounded 
     upon.
           By Mr. ROYCE:
       H.R. 688.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Under Article I, Section 8, Clause 3 of the U.S. 
     Constitution to regulate commerce.
           By Mr. BLUMENAUER:
       H.R. 689.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 of the Constitution 
     (relating to the general Welfare of the United States).
           By Mr. LATHAM:
       H.R. 690.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8 of the United States Constitution 
     (clauses 12, 13, 14, 16, and 18), which grants Congress the 
     power to raise and support an Army; to provide and maintain a 
     Navy; to make rules for the government and regulation of the 
     land and naval forces; to provide for organizing, arming, and 
     disciplining the militia; and to make all laws necessary and 
     proper for carrying out the foregoing powers.
           By Mr. GEORGE MILLER of California:
       H.R. 691.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 3 & 18 of Section 8, Article I, of the U.S. 
     Constitution
           By Mr. BARLETTA:
        H.R. 692.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Congress has the power to enact this legislation, the 
     Protecting Department of Homeland Security Personnel Act of 
     2013, pursuant to the following:
       This bill makes changes to existing law relating to 
     ``Article 1 Section 8 of the U.S. Constitution Clause 18.''
            By Mr. PITTS:
        H.R. 693.
        Congress has the power to enact this legislation pursuant 
     to the following:
       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 Ms. SCHAKOWSKY:
       H.R. 694.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1
           By Mr. DENHAM:
       H.R. 695
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8 of the United States Constitution, 
     specifically Clause 1 (relating to providing for the common 
     defense and general welfare of the United States) and

[[Page 1438]]

     Clause 18 (relating to the power to make all laws necessary 
     and proper for carrying out the powers vested in Congress).
           By Mr. HORSFORD:
       H.R. 696.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1 Section 8
            By Mr. HECK of Nevada:
        H.R. 697.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 1
            By Mrs. CAPPS:
        H.R. 698.
        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. VAN HOLLEN:
        H.R. 699.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 1; Article 1 Section 8, Clause 
     18; and Article 1, Section 9, Clause 7 of the U.S. 
     Constitution.
            By Mr. GEORGE MILLER of California:
        H.R. 700.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8
            By Mr. McHENRY:
        H.R. 701.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article One, Section Eight.
            By Mr. BRALEY of Iowa:
        H.R. 702.
        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. CARNEY:
        H.R. 703.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 of Article I of the Constitution;
       Clause 18 of Section 8 of Article I of the Constitution; 
     and
       Clause 2 of Section 3 of Article IV of the Constitution.
            By Mr. CARTER:
        H.R. 704.
        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 clause 14, which grants Congress the 
     power to make Rules for the Government and Regulation of the 
     land and naval Forces.
           By Mr. CARTER:
       H.R. 705.
       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 clause 14, which grants Congress the 
     power to make Rules for the Government and Regulation of the 
     land and naval Forces.
           By Mr. CICILLINE:
       H.R. 706
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1 Section 8
           By Mr. CRAWFORD:
        H.R. 707.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 3 of Section 8 of Article 1 of the United States 
     Constitution.
       The Congress shall have the Power . . . To establish an 
     uniform Rule of Naturalization . . .
           By Mr. DOYLE:
       H.R. 708.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 6--Clause 2
       All Debts contracted and Engagements entered into, before 
     the Adoption of this Constitution, shall be as valid against 
     the United States under this Constitution, as under the 
     Confederation.
       This Constitution, and the Laws of the United States which 
     shall be made in Pursuance thereof; and all Treaties made, or 
     which shall be made, under the Authority of the United 
     States, shall be the supreme Law of the Land; and the Judges 
     in every State shall be bound thereby, any Thing in the 
     Constitution or Laws of any State to the Contrary 
     notwithstanding.
       The Senators and Representatives before mentioned, and the 
     Members of the several State Legislatures, and all executive 
     and judicial Officers, both of the United States and of the 
     several States, shall be bound by Oath or Affirmation, to 
     support this Constitution; but no religious Test shall ever 
     be required as a Qualification to any Office or public Trust 
     under the United States.
           By Mr. ELLISON:
       H.R. 709.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Art. I, Sec. 8, Clauses 3 and 18.
           By Mr. FARR:
       H.R. 710.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Sec. 8 [``to regulate commerce''], and Amendment 
     IV [``to be secure . . . against unreasonable searches and 
     seizures''], and Amendment VI [``the accused shall . . . have 
     compulsory process for obtaining witnesses in his favor . . 
     .''].
           By Ms. FOXX:
       H.R. 711.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Because the legislation would change the formula for 
     government contracts on federal-aid highway and public 
     construction transportation projects, it is authorized under 
     clause 1 of section 8 of article 1 of the Constitution which 
     states ``[t]he 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. FRELINGHUYSEN:
       H.R. 712.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8 of the United States Constitution
           By Mr. GERLACH:
       H.R. 713.
       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. GRIMM:
       H.R. 714.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 4
       The Congress shall have Power *** To establish an uniform 
     Rule of Naturalization, and uniform Laws on the subject of 
     Bankruptcies throughout the United States.
           By Mr. HASTINGS of Florida:
       H.R. 715.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Section 8 of Article 1 of the Constitution
           By Ms. HERRERA BEUTLER:
       H.R. 716.
       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.
           By Mr. HONDA:
       H.R. 717.
       Congress has the power to enact this legislation pursuant 
     to the following:
       section 8 of article I of the Constitution.
           By Mr. HULTGREN:
       H.R. 718.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 3 of Section 8, Article 1 of the Constitution--
     Congress shall have the power to regulate commerce . . . 
     among the several states . . .
           By Mr. KING of New York:
       H.R. 719.
       Congress has the power to enact this legislation pursuant 
     to the following:
       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. KING of New York:
       H.R. 720.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 6
       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 Ms. JENKINS:
       H.R. 721.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, 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 Defense and general Welfare of the United States; 
     but all Duties, Imposts and Excises shall be uniform 
     throughout the United States.
           By Mr. KING of New York:
       H.R. 722.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 6
       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. LANGEVIN:
       H.R. 723.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8, Clause 1 and Article IV, section 3 of 
     the Constitution of the United States grant Congress the 
     authority to enact this bill.

[[Page 1439]]


           By Mr. LATTA:
       H.R. 724.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, cl. 3
       The Congress shall have the power . . . to regulate 
     commerce with foreign nations, and among the states, and with 
     Indian Tribes;
           By Ms. LEE of California:
       H.R. 725.
       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 of the United States Constitution 
     and its subsequent amendments, and further clarified and 
     interpreted by the Supreme Court of the United States.
           By Mr. BEN RAY LUJAN of New Mexico:
       H.R. 726.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8
           By Mr. BEN RAY LUJAN of New Mexico:
       H.R. 727.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8
           By Mrs. CAROLYN B. MALONEY of New York:
       H.R. 728.
       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. McDERMOTT:
       H.R. 729.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, clause 1
           By Mr. MULVANEY:
       H.R. 730.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 14. ``To make Rules for the 
     Government and Regulation of the land and naval Forces.''
       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.''
       This bill provides rules for the Government, specifically, 
     for the Wildlife Services program of the Animal and Plant 
     Health Inspection Service. This law is necessary and proper 
     for carrying out the power to make rules for the proper 
     operation of a division of the government of the United 
     States.
           By Mr. RADEL:
       H.R. 731.
       Congress has the power to enact this legislation pursuant 
     to the following:
       This law is enacted pursuant to the following provisions of 
     the United States Constitution:
       Article 1, Section 8, Clause 3; Article 1, Section 8, 
     Clause 14; Article 1, Section 8, Clause 18;
           By Ms. ROS-LEHTINEN:
       H.R. 732.
       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. RUNYAN:
       H.R. 733.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Title I, Section 8
           By Mr. STIVERS:
       H.R. 734.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congress' power to regulate Commerce with foreign Nations 
     under Article I, Section 8, Clause 3 of the U.S. 
     Constitution.
           By Mr. THOMPSON of Mississippi:
       H.R. 735.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The U.S. Constitution, including Article 1, Section 8.
           By Mr. WELCH:
       H.R. 736.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, 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 this Constitution in the 
     Government of the United States, or in any Department or 
     Officer thereof.
           By Ms. WILSON of Florida:
       H.R. 737.
       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 Defense and 
     general Welfare of the United States; but all Duties, Imposts 
     and Excises shall be uniform throughout the United States.
           By Mr. WILSON of South Carolina:
       H.R. 738.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8
            By Mr. WITTMAN:
       H.R. 739.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3 of the Constitution of the 
     United States grants Congress the authority to enact this 
     bill.
            By Mr. YOUNG of Alaska:
        H.R. 740.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article IV, Section 3, Clause 2 and Article 1, Section 8, 
     Clause 3.
            By Mr. NOLAN:
        H.J. Res. 29.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The Constitutional Authority to Amend the Constitution is 
     found in Article 5 of the Constitution.
            By Mr. PRICE of Georgia:
        H.J. Res. 30.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article V whereby the U.S. Constitution may be altered.
            By Mr. SCHIFF:
        H.J. Res. 31.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congress has the power to enact this legislation pursuant 
     to Article V of the United States Constitution.

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