Enumerated Powers Act

Enumerated Powers Act - Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Declares that failure to comply with this requirement shall give rise to a point of order in either House of Congress.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2458 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2458

To require Congress to specify the source of authority under the United 
 States Constitution for the enactment of laws, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2005

  Mr. Shadegg (for himself, Mr. Otter, Mr. Herger, Mr. Sam Johnson of 
  Texas, Mr. Kolbe, Mr. Souder, Ms. Ginny Brown-Waite of Florida, Mr. 
 Garrett of New Jersey, Mrs. Jo Ann Davis of Virginia, Mr. Bartlett of 
Maryland, Mr. Kuhl of New York, Mr. Paul, Mr. Hoekstra, Mr. Doolittle, 
 Mr. Weldon of Florida, Mr. Bachus, Mr. Tiahrt, Mr. Cox, Mr. Miller of 
 Florida, Mrs. Musgrave, and Mr. Goode) introduced the following bill; 
          which was referred to the Committee on the Judiciary

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                                 A BILL


 
To require Congress to specify the source of authority under the United 
 States Constitution for the enactment of laws, and for other purposes.

    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. SPECIFICATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT OF LAW.

    (a) Constitutional Authority for This Act.--This Act is enacted 
pursuant to the power granted Congress under article I, section 8, 
clause 18, of the United States Constitution and the power granted to 
each House of Congress under article I, section 5, clause 2, of the 
United States Constitution.
    (b) Constitutional Authority Statement Required.--Chapter 2 of 
title 1, United States Code, is amended by inserting after section 102 
the following new section:
``Sec. 102a. Constitutional authority clause
    ``Each Act of Congress shall contain a concise and definite 
statement of the constitutional authority relied upon for the enactment 
of each portion of that Act. The failure to comply with this section 
shall give rise to a point of order in either House of Congress. The 
availability of this point of order does not affect any other available 
relief.''
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 2 of title 1, United States Code, is amended by inserting after 
the item relating to section 102 the following new item:

``102a. Constitutional authority clause.''.
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