IV 

111TH CONGRESS 

2D SESSION H. RES. 1754 

Amending the Rules of the House of Representatives to require the citation 

of the specific powers granted to Congress in the Constitution be included 

in introduced bills and joint resolutions as a basis for enacting the 

laws proposed by such bills and joint resolutions, including amendments 

and conference reports. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2010 

Mr. GARRETT of New Jersey (for himself, Mr. FRANKS of Arizona, Mrs. 

MCMORRIS RODGERS, Mr. BISHOP of Utah, Mr. LAMBORN, Mrs. 

BACHMANN, Mr. BURTON of Indiana, Mr. GOODLATTE, Mr. KING of 

Iowa, Mr. GOHMERT, Mr. NEUGEBAUER, Mrs. SCHMIDT, Mr. PRICE of 

Georgia, Mr. FLAKE, Mr. MCHENRY, Mr. WILSON of South Carolina, Mr. 

MANZULLO, Mr. BARTLETT, Mr. POSEY, Mr. OLSON, Mr. ROONEY, Mr. 

BARTON of Texas, Mr. ROE of Tennessee, Mr. GINGREY of Georgia, Mr. 

GRAVES of Georgia, Mr. COLE, Mr. AKIN, Mrs. BLACKBURN, Mr. SAM

JOHNSON of Texas, Mr. LUETKEMEYER, Mr. REED, Mr. THOMPSON of 

Pennsylvania, Mr. PITTS, Mr. MCKEON, Ms. FOXX, Mr. MACK, Mr. 

CONAWAY, Mr. CHAFFETZ, and Mr. BROUN of Georgia) submitted the 

following resolution; which was referred to the Committee on Rules 

RESOLUTION 

Amending the Rules of the House of Representatives to 

require the citation of the specific powers granted to 

Congress in the Constitution be included in introduced 

bills and joint resolutions as a basis for enacting the 

laws proposed by such bills and joint resolutions, including amendments and conference reports. 


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•HRES 1754 IH 

1 Resolved, That (a) rule XXI of the Rules of the House 

2 of Representatives is amended by adding at the end the 

3 following new clause: 

4 ‘‘Specific constitutional citation 

5 ‘‘11. (a) (1) (A) Except as provided by subdivision 

6 (B), it shall not be in order to consider any bill or joint 

7 resolution, or conference report thereon or amendment 

8 thereto, unless it contains a statement appropriately citing 

9 the specific powers granted to Congress in the Constitu10 tion as a basis for enacting the law proposed by the bill 

11 or joint resolution. 

12 ‘‘(B) To the extent that any bill or joint resolution, 

13 or conference report thereon or amendment thereto, limits 

14 or abolishes any Federal activity, spending, or power over15 all, a statement of constitutionality may cite the 9th or 

16 10th Amendment to the Constitution. 

17 ‘‘(2) Invoking the common defense clause, the general 

18 welfare clause, or the necessary and proper clause of sec19 tion 8 of article I of the Constitution is not sufficient to 

20 satisfy the requirement of subparagraph (1)(A). 

21 ‘‘(b) It shall not be in order to consider a rule or 

22 order that waives the application of paragraph (a). 

23 ‘‘(c) As disposition of a point of order under para24 graph (a) or (b), the Chair shall put the question of con25 sideration with respect to the proposition of whether any 


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•HRES 1754 IH 

1 statement of constitutionality made under paragraph 

2 (a)(1)(A) was adequate or, in the absence of whether such 

3 a statement, whether a statement is required by para4 graph (a). A question of consideration under this clause 

5 shall be debatable for 10 minutes, equally divided and con6 trolled by the Member initiating the point of order and 

7 by an opponent, but shall otherwise be decided without 

8 intervening motion except one that the House of Rep9 resentatives adjourn or that the Committee of the Whole 

10 rise, as the case may be. In selecting the opponent, the 

11 Speaker should first recognize an opponent from the op12 posing party. 

13 ‘‘(d) The disposition of the question of consideration 

14 under this clause with respect to a bill or joint resolution 

15 shall be considered also to determine the question of con16 sideration under this clause with respect to an amendment 

17 made in order as original text.’’. 

18 (b) This resolution is enacted pursuant to the power 

19 granted to each House of Congress under article I, section 

20 5, clause 2 of the Constitution. 

Æ 


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