Enumerated Powers Act - Requires each Act of Congress, bill, resolution, conference report, or amendment to contain a concise explanation of the specific constitutional authority relied upon as the basis for enacting each portion of the measure.
Permits a statement of constitutionality, to the extent that a measure limits or abolishes any federal activity, spending, or power overall, to cite the 9th or the 10th Amendment to the U.S. Constitution.
Declares that invoking one or more specified parts of the following clauses in a statement of constitutionality is not sufficient to satisfy the requirements of this Act: (1) the enumerated spending clause; or (2) the commerce clause for any purpose other than the regulation of the buying and selling of goods or services, or their transportation, across boundaries with foreign nations, across state lines, or with the Indian tribes.
Declares that failure to comply with this requirement shall give rise to a point of order in either chamber.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1248 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1248
To prohibit the consideration of any bill by Congress unless the
authority provided by the Constitution of the United States for the
legislation can be determined and is clearly specified.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2011
Mr. Coburn (for himself, Mr. Paul, Mr. Barrasso, Mr. Blunt, Mr. Burr,
Mr. Corker, Mr. Crapo, Mr. DeMint, Mr. Enzi, Mr. Graham, Mr. Grassley,
Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, Mr. Isakson, Mr. Johnson of
Wisconsin, Mr. Kyl, Mr. Lee, Mr. McCain, Mr. Risch, Mr. Rubio, Mr.
Sessions, Mr. Thune, Mr. Vitter, and Mr. Wicker) introduced the
following bill; which was read twice and referred to the Committee on
Rules and Administration
_______________________________________________________________________
A BILL
To prohibit the consideration of any bill by Congress unless the
authority provided by the Constitution of the United States for the
legislation can be determined and is clearly specified.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enumerated Powers Act''.
SEC. 2. CONSTITUTIONAL AUTHORITY CLAUSE.
(a) In General.--Chapter 2 of title 1, United States Code, is
amended by inserting after section 102 the following:
``Sec. 102a. Constitutional authority clause
``(a) In General.--Each Act of Congress, bill, and resolution, or
conference report thereon or amendment thereto, shall contain a concise
explanation of the specific authority in the Constitution of the United
States relied upon as the basis for enacting each portion of the
measure.
``(b) Federal Activities.--To the extent that any Act of Congress,
bill or resolution, or conference report thereon or amendment thereto,
limits or abolishes any Federal activity, spending, or power overall, a
statement of constitutionality may cite the 9th Amendment or the 10th
Amendment to the Constitution of the United States.
``(c) Enumerated Spending Clause.--Invoking a clause included in
the enumerated spending clause under clause 1 of section 8 of article I
of the Constitution of the United States, such as the common defense
clause, the general welfare clause, or the necessary and proper clause,
in a statement of constitutionality is not sufficient to satisfy the
requirement of subsection (a).
``(d) Commerce Clause.--Invoking the commerce clause of section 8
of article I of the Constitution of the United States in a statement of
constitutionality for any purpose other than the regulation of the
buying and selling of goods or services, or the transporting for those
purposes, across boundaries with foreign nations, across State lines,
or with the Indian tribes is not sufficient to satisfy the requirement
of subsection (a).
``(e) Failure To Comply.--
``(1) In general.--A failure to comply with subsection (a)
shall give rise to a point of order in either House of
Congress, which may be raised by any Senator during
consideration in the Senate or any Member of the House of
Representatives during consideration in the House of
Representatives.
``(2) Nonexclusivity.--The availability of a point of order
under this section shall not affect the availability of any
other point of order.
``(f) Disposition of Point of Order in the Senate.--
``(1) In general.--Any Senator may raise a point of order
that any matter is not in order under subsection (a).
``(2) Waiver.--
``(A) In general.--Any Senator may move to waive a
point of order raised under paragraph (1) by an
affirmative vote of two-thirds of the Senators duly
chosen and sworn.
``(B) Procedures.--For a motion to waive a point of
order under subparagraph (A) as to a matter--
``(i) a motion to table the point of order
shall not be in order;
``(ii) all motions to waive one or more
points of order under this section as to the
matter shall be debatable for a total of not
more than 3 hours, equally divided between the
Senator raising the point of order and the
Senator moving to waive the point of order or
their designees; and
``(iii) a motion to waive the point of
order shall not be amendable.
``(g) Disposition of Point of Order in the House of
Representatives.--
``(1) In general.--If a Member of the House of
Representatives makes a point of order under this section, the
Chair shall put the question of consideration with respect to
the proposition of whether any statement of constitutionality
made under subsection (a) was adequate or, in the absence of
such a statement, whether a statement is required under
subsection (a).
``(2) Consideration.--For a point of order under this
section made in the House of Representatives--
``(A) the question of consideration shall be
debatable for 10 minutes, equally divided and
controlled by the Member making the point of order and
by an opponent, but shall otherwise be decided without
intervening motion except one that the House of
Representatives adjourn or that the Committee of the
Whole rise, as the case may be;
``(B) in selecting the opponent, the Speaker of the
House of Representatives should first recognize an
opponent from the opposing party; and
``(C) the disposition of the question of
consideration with respect to a measure shall be
considered also to determine the question of
consideration under this section with respect to an
amendment made in order as original text.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 2 of title 1, United States Code, is amended by inserting after
the item relating to section 102 the following:
``102a. Constitutional authority clause.''.
SEC. 3. EXPLANATION OF CONSTITUTIONAL AUTHORITY.
This Act is enacted pursuant to the power granted to each House of
Congress to determine the rules of its proceedings under article I,
section 5, clause 2 of the Constitution of the United States.
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
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