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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enumerated Powers 
Act’’. 
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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 Con-
gress 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 RE-
QUIRED.—Chapter 2 of title 1, United States Code, is 
amended by inserting after section 102 the following new 
section: 
‘‘§ 102a. Constitutional authority clause 
‘‘(a) 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 re-
lief. 
‘‘(b) The provisions of this section are enacted by the 
Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the House of Representatives and the Senate, re-
spectively, and as such they shall be considered as 
part of the rules of each House, respectively, or of 
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that House to which they specifically apply, and 
such rules shall supersede other rules only to the ex-
tent that they are inconsistent therewith; and 
‘‘(2) with full recognition of the constitutional 
right of either House to change such rules (so far 
as relating to such House) at any time, in the same 
manner, and to the same extent as in the case of 
any other rule of such House.’’. 
(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.’’. 
Æ 
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