[Congressional Record (Bound Edition), Volume 159 (2013), Part 1]
[House]
[Pages 227-230]
[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. CHAFFETZ:
        H.R. 248.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 18 of Section 8 of Article I: 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 the Constitution in this 
     Government of the United States or in any Department or 
     Officer thereof.
            By Mr. CHAFFETZ:
        H.R. 249.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 of Article I of the Constitution: 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. CHAFFETZ:
        H.R. 250.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article IV, Section 3, Clause 2
            By Mr. CHAFFETZ:
        H.R. 251.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Tenth Amendment
            By Mr. CHAFFETZ:
        H.R. 252.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 14 and 18.
            By Mr. CHAFFETZ:
        H.R. 253.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 2
            By Mr. CHAFFETZ:
        H.R. 254.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 2
            By Mr. CHAFFETZ:
        H.R. 255.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 2
            By Mr. CHAFFETZ:
        H.R. 256.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 8 of Article I of the Constitution: 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;
       Clause 18 of Section 8 of Article I of the Constitution: 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. SHEA-PORTER:
        H.R. 257.
        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[note l]and general Welfare of the United 
     States; but all Duties, Imposts and Excises shall be uniform 
     throughout the United States; . . .
            By Mr. HECK of Nevada:
        H.R. 258.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The power granted to Congress under Article I, Section 8, 
     Clause 18 of the United States Constitution, to make all laws 
     which shall be necessary and proper for carrying into 
     execution the foregoing Powers, and all other powers vested 
     by the Constitution in the Government of the United States, 
     or in any Department or officer thereof.
            By Mr. POMPEO:
        H.R. 259.
        Congress has the power to enact this legislation pursuant 
     to the following:

[[Page 228]]

       Article I, Section 8, Clause 3
            By Mr. HARPER:
        H.R. 260.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Sec. 8, clause 1
            By Ms. SCHAKOWSKY:
        H.R. 261.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1
            By Mr. GRIMM:
        H.R. 262.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 7
       The Congress shall have Power *** To establish Post Offices 
     and post roads.
           By Mr. GRIMM:
       H.R. 263.
       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. LYNCH:
       H.R. 264.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3 of the Constitution--the 
     Commerce Clause--and Article I, Section 8, Clause 18 of the 
     Constitution--the Necessary and Proper Clause.
           By Mr. LYNCH:
       H.R. 265.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 18 and Article I, Section 8, 
     Clause 3.
           By Mr. LYNCH:
       H.R. 266.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 18 and Article I, Section 8, 
     Clause 3.
           By Mrs. McMORRIS RODGERS:
       H.R. 267.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The Constitutional authority in which this bill rests is 
     the power of the Congress to regulate Commerce as enumerated 
     by Article I, Section 8, Clause 3 as applied to waterways for 
     the development of hydroelectric power and flood control.
           By Mr. SARBANES:
       H.R. 268.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8 of the U.S. Constitution under the 
     General Welfare Clause.
           By Mr. YARMUTH:
       H.R. 269.
       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 in each 
     State by the Legislature thereof; but Congress may at any 
     time make or alter such Regulations, except as to the Place 
     of chusing Senators.
       and
       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. PRICE of North Carolina:
       H.R. 270.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congressional power to provide for public financing of 
     campaigns arises under the General Welfare Clause, Art. I, 
     Sec. 8, of the Constitution.
       In Buckley v. Valeo, 424 U.S. 1, 91 (1976), the Supreme 
     Court upheld the congressional power to enact public 
     financing of presidential elections under this Clause. The 
     Supreme Court stated with regard to the provisions in the 
     Federal Election Campaign Act Amendments of 1974 establishing 
     a presidential public financing system, ``In this case, 
     Congress was legislating for the `general welfare'--to reduce 
     the deleterious influence of large contributions on our 
     political process, to facilitate communication by candidates 
     with the electorate, and to free candidates from the rigors 
     of fundraising.''
           By Mr. OLSON:
       H.R. 271.
       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. (Necessary and Proper Regulations to 
     Effectuate Powers)
       The Necessary and Proper Clause allows Congress to decide 
     whether, when, and how to legislate the powers of another 
     branch. This legislation would clarify that compliance with 
     an Emergency Order issued by an Executive Agency under the 
     Federal Power Act may not be considered a violation of any 
     Federal, State, or local environmental law, afforded under 
     the Article 1, Section 8, Clause 18.
           By Mr. FARR:
       H.R. 272.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Art. I, Section 8
           By Mr. DeSANTIS:
       H.R. 273.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Sec. 8
       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. BARBER:
       H.R. 274.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, clause 1
           By Mr. BRALEY of Iowa:
       H.R. 275.
       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. BUCHANAN:
        H.R. 276.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 9 of the U.S. Constitution.
            By Mr. CICILLINE:
        H.R. 277.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8
            By Mr. COHEN:
        H.R. 278.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 4 of the United States Constitution
            By Mr. COLE:
        H.R. 279.
        Congress has the power to enact this legislation pursuant 
     to the following:
       This bill is enacted pursuant to Article I, Section 8 which 
     grants Congress the power to regulate Commerce with the 
     Indian Tribes.
       This bill is enacted pursuant to Article II, Section 2, 
     Clause 2 in order the enforce treaties made between the 
     United States and several Indian Tribes.
            By Mr. ELLISON:
        H.R. 280.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 4, Clause 1
       Article I, Section 8, Clause 18
       Article II, Section I, Clause 4
            By Mr. ELLISON:
        H.R. 281.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 4, Clause 1
       Article I, Section 8, Clause 18
       Article II, Section I, Clause 4
            By Mr. FLEISCHMANN:
        H.R. 282.
        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; and a regular 
     Statement and Account of the Receipts and Expenditures of all 
     public Money shall be published from time to time.''
            By Mr. FLEISCHMANN:
        H.R. 283.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8
            By Mr. FORBES:
        H.R. 284.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Sec. 6; Amendment XXVII
            By Mr. AL GREEN of Texas:
        H.R. 285.
        Congress has the power to enact this legislation pursuant 
     to the following:
       The Constitutional authority to enact this legislation can 
     be found in:
       General Welfare Clause (Art. 1 sec. 8 cl. 1)
       Commerce Clause (Art. 1 sec. 8 c1.3)
       Necessary and Proper Clause (Art. 1 sec. 8 cl. 18)
       Constitutional analysis is a rigorous discipline which goes 
     far beyond the text of the Constitution, and requires 
     knowledge of case law, history, and the tools of 
     constitutional interpretation. While the scope of Congress' 
     powers is an appropriate matter for House debate, the listing 
     of specific textual authorities for routine Congressional 
     legislation about which there is no legitimate constitutional 
     concern is a diminishment of the majesty of our Founding 
     Fathers' vision for our national legislature.
            By Mr. GENE GREEN of Texas:
        H.R. 286.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Sixteenth Amendment to the U.S. Constitution--``The 
     Congress shall have power to lay and collect taxes on 
     incomes, from whatever source derived, without apportionment 
     among the several States, and without regard to any census or 
     enumeration.''

[[Page 229]]


            By Mr. MATHESON:
        H.R. 287.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 3 of the U.S. Constitution
           By Mr. MICHAUD:
       H.R. 288.
       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. MORAN:
       H.R. 289.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 4 of the Constitution of the United 
     States grants Congress the authority to enact this 
     legislation.
           By Mr. NADLER:
       H.R. 290.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Art. 1, sec. 8, cl. 1
       Art. 1, sec. 8, cl. 18
           By Mrs. NOEM:
       H.R. 291.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 4, Section 3, Clause 2, relating to 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.
           By Ms. NORTON:
       H.R. 292.
       Congress has the power to enact this legislation pursuant 
     to the following:
       clause 1 of section 3 of article IV of the Constitution.
           By Mr. NUGENT:
       H.R. 293.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 15 which grants Congress the 
     power to make rules for the Government and Regulation of the 
     land and naval Forces.
       Article 1, Section 8, Clause 16 which grants Congress the 
     power to provide for organizing, arming, and disciplining, 
     the militia, and for governing such Part of them as may be 
     employed in the Service of the United States, reserving to 
     the States respectively, the Appointment of the Officers, and 
     the Authority of training the Militia according to the 
     discipline prescribed by Congress.
           By Mr. NUGENT:
       H.R. 294.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3--To regulate Commerce with 
     foreign Nations, and among the several States, and with the 
     Indian Tribes.
           By Mr. NUGENT:
       H.R. 295.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8 of the U.S. Constitution gives 
     Congress the authority to lay and collect taxes and duties. 
     With this authority comes the inherent duty to protect these 
     funds from fraud and theft so that they are used for their 
     constitutional purpose--to pay the debts and provide for the 
     general welfare of our nation.
           By Mr. NUGENT:
        H.R. 296.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Clause 1 of Section 6 of Article I of the Constitution as 
     amended by the 27th Amendment to the Constitution. This 
     section of the Constitution allows Congress to set their own 
     compensation so long as new representatives have been 
     elected.
           By Mr. PITTS:
       H.R. 297.
       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. ROGERS of Kentucky:
       H.R. 298.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 4, 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. ROHRABACHER:
       H.R. 299.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 17, granting Congress the 
     power to exercise exclusive legislation in all cases 
     whatsoever over the District constituting the Seat of 
     Government of the United States;
       Section 2 of the 14th Amendment, providing that 
     Representatives shall be apportioned among the several states 
     according to their respective numbers; and
       Both sections of the 23rd Amendment, which grant Congress 
     the authority to direct the appointment of presidential 
     electors from the District of Columbia and to enforce the 
     23rd Amendment by appropriate legislation.
           By Mr. SHERMAN:
       H.R. 300.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8
           By Mr. WOLF:
       H.R. 301.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 18 of the United States 
     Constitution, which states: ``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 the Constitution in the Government of the 
     United States, or in any Department or Officer thereof''
       Article II, Section 2, Clause 2 of the United States 
     Constitution, which states: ``[The President] shall have 
     Power, by and with the Advice and Consent of the Senate, to 
     make Treaties, provided two thirds of the Senators present 
     concur; and he shall nominate, and by and with the Advice and 
     Consent of the Senate, shall appoint Ambassadors, other 
     public Ministers and Consuls, Judges of the Supreme Court, 
     and all other Officers of the United States, whose 
     Appointments are not herein otherwise provided for, and which 
     shall be established by Law: but the Congress may by Law vest 
     the Appointment of such inferior Officers, as they think 
     proper, in the President alone, in the Courts of Law, or in 
     the Heads of Departments.''
            By Mr. WOLF:
        H.R. 302.
        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 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, as enumerated in Article 
     I, Section 8, of the United States Constitution.
            By Mr. BILIRAKIS:
        H.R. 303.
        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 (clauses 12, 13, 14, and 16), 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; and to provide 
     for organizing, arming, and disciplining the militia.
            By Mr. WOLF:
        H.R. 304.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, clause three; to regulate commerce 
     with foreign nations, and among the several states, and with 
     the Indian tribes.
            By Mr. YARMUTH:
        H.R. 305.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Section 8 of Article 1 of the U.S. Constitution.
            Mr. LIPINSKI:
       H.R. 306.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 4 of the Constitution provides 
     that Congress shall have power to ``establish an uniform Rule 
     of Naturalization''. The Supreme Court has long found that 
     this provision of the Constitution grants Congress plenary 
     power over immigration policy. As the Court found in Galvan 
     v. Press, 347 U.S. 522, 531 (1954), ``that the formulation of 
     policies [pertaining to the entry of aliens and their right 
     to remain here] is entrusted exclusively to Congress has 
     become about as firmly imbedded in the legislative and 
     judicial tissues of our body politic as any aspect of our 
     government.'' And, as the Court found in Kleindienst v. 
     Mandel, 408 U.S. 753, 766 (1972) (quoting Boutilier v. INS, 
     387 U.S. 118, 123 (1967)), ``[t]he Court without exception 
     has sustained Congress' `plenary power to make rules for the 
     admission of aliens and to exclude those who possess those 
     characteristics which Congress has forbidden.'''
            By Mrs. ROBY:
        H.J. Res. 17.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 5:
       ``The Congress, whenever two thirds of both Houses shall 
     deem it necessary, shall propose Amendments to this 
     Constitution, or, on the Application of the Legislatures of 
     two thirds of the several States, shall call a Convention for 
     proposing Amendments, which, in either Case, shall be valid 
     to all Intents and Purposes, as Part of this Constitution, 
     when ratified by the Legislatures of three fourths of the 
     several States, or by Conventions in three fourths thereof, 
     as the one or the other Mode of Ratification may be proposed 
     by the Congress; Provided that no Amendment which may be made 
     prior to the Year One thousand eight hundred and eight shall 
     in any Manner affect the first and

[[Page 230]]

     fourth Clauses in the Ninth Section of the first Article; and 
     that no State, without its Consent, shall be deprived of its 
     equal Suffrage in the Senate.''

                          ____________________