I 

112TH CONGRESS 

1ST SESSION H. R. 125 

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 5, 2011 

Mr. GINGREY of Georgia (for himself, Mrs. BACHMANN, Mr. BACHUS, Mr. 

BASS of New Hampshire, Mrs. BLACKBURN, Mr. BILBRAY, Mr. BISHOP

of Utah, Mr. CARTER, Mr. CONAWAY, Mr. GARRETT, Mr. HELLER, Mr. 

SAM JOHNSON of Texas, Mr. KLINE, Mr. LAMBORN, Mr. MCCAUL, Mrs. 

MYRICK, Mr. NEUGEBAUER, Mr. POSEY, Mr. ROE of Tennessee, Mr. 

ROSS of Florida, Mr. AUSTIN SCOTT of Georgia, Mr. TERRY, Mr. 

WALBERG, and Mr. WESTMORELAND) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enumerated Powers 

5 Act’’. 


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•HR 125 IH

1 SEC. 2. SPECIFICATION OF CONSTITUTIONAL AUTHORITY 

2 FOR ENACTMENT OF LAW. 

3 (a) CONSTITUTIONAL AUTHORITY FOR THIS ACT.— 

4 This Act is enacted pursuant to the power granted Con5 gress under article I, section 8, clause 18, of the United 

6 States Constitution and the power granted to each House 

7 of Congress under article I, section 5, clause 2, of the 

8 United States Constitution. 

9 (b) CONSTITUTIONAL AUTHORITY STATEMENT RE10 QUIRED.—Chapter 2 of title 1, United States Code, is 

11 amended by inserting after section 102 the following new 

12 section: 

13 ‘‘§ 102a. Constitutional authority clause 

14 ‘‘(a) Each Act of Congress shall contain a concise and 

15 definite statement of the constitutional authority relied 

16 upon for the enactment of each portion of that Act. The 

17 failure to comply with this section shall give rise to a point 

18 of order in either House of Congress. The availability of 

19 this point of order does not affect any other available re20 lief. 

21 ‘‘(b) The provisions of this section are enacted by the 

22 Congress— 

23 ‘‘(1) as an exercise of the rulemaking power of 

24 the House of Representatives and the Senate, re25 spectively, and as such they shall be considered as 

26 part of the rules of each House, respectively, or of 


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•HR 125 IH

1 that House to which they specifically apply, and 

2 such rules shall supersede other rules only to the ex3 tent that they are inconsistent therewith; and 

4 ‘‘(2) with full recognition of the constitutional 

5 right of either House to change such rules (so far 

6 as relating to such House) at any time, in the same 

7 manner, and to the same extent as in the case of 

8 any other rule of such House.’’. 

9 (c) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 2 of title 1, United States 

11 Code, is amended by inserting after the item relating to 

12 section 102 the following new item: 

‘‘102a. Constitutional authority clause.’’. 

Æ 


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