PDA

View Full Version : H.R. 450, the Enumerated Powers Act (Only one page in length!)




Knightskye
12-29-2009, 11:45 AM
http://www.govtrack.us/congress/billtext.xpd?bill=h111-450

It was introduced in January by John Shadegg -- you know, the guy who used a baby as a prop during a speech against the health care reform bill. So that made me read the bill's text carefully before endorsing it.

Fortunately, there's only one page!


HR 450 IH

111th CONGRESS

1st Session

H. R. 450

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

IN THE HOUSE OF REPRESENTATIVES

January 9, 2009

Mr. SHADEGG introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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.’.

I like it.

Is it constitutional?

RyanRSheets
12-29-2009, 11:50 AM
Is it constitutional?

I don't like that he uses the Necessary and Proper clause to justify it. It would make more sense to make this a constitutional amendment as it is a rule governing congress and laws can be repealed where an amendment requires more direct consent of the people. That said, I think it would obviously be a justifiable yea vote.

Knightskye
12-30-2009, 05:53 PM
We'd need a joint resolution, which means we would need control of the House and Senate.

sluggo
01-02-2010, 10:48 AM
I called my congressman's office about this a few days ago.

I got a very positive response from them, and will be following up with the legislative assistant next week.

Knightskye
01-03-2010, 12:44 PM
I called my congressman's office about this a few days ago.

I got a very positive response from them, and will be following up with the legislative assistant next week.

Who's your Congressman?

Jay Tea
01-03-2010, 01:02 PM
Sounds good to me.

American Nationalist
01-03-2010, 01:06 PM
Sounds like a good bill. Honestly, good bills are generally short. you can tell a bill is bullshit when it is 1000 pages long. Generally the longer it is, the worse it is.

Brett
01-03-2010, 01:25 PM
Sounds like a good bill. Honestly, good bills are generally short. you can tell a bill is bullshit when it is 1000 pages long. Generally the longer it is, the worse it is.

^ This.

Isn't 1207 about 4 pages long?

I'll call my congressmen about this tomorrow.

Matt Collins
01-04-2010, 12:51 PM
I think this is something that needs more attention!