"Enumerated Powers Act" HR 450

[galtgulch]

What follows is copied from the www.DownsizeDC.org site which lists a dozen or so campaigns to encourage your congressmen and senators to cosponsor various pro freedom bills. This one has to do with the "Enumerated Powers Act" which if passed would require that any bill passed would have to "require Congress to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes."

This would have made it difficult for Thomas Jefferson to acquire the Louisiana Purchase but otherwise would have kept the Congress honest.

If your own congressman is not listed below you might want to exercise your right to petition or whatever and write to him or her with encouragement to become a cosponsor at www.DownsizeDC.org then click on Campaigns on the menu and scroll down. Once you register your zip code the site automatically conjures up the addresses of the congressman and senators so all you have to do is add your own comments or suggestions and submit.

<<<"Talking Points

Bring John Shadegg's 'Enumerated Powers Act' to a Vote

The text of the bill, as well as a list of the twenty areas the Constitution "enumerates" as the ONLY Congressional responsibilities, appear below. But first...

This bill was sponsored by John Shadegg, R-Arizona. He presently (as of 5/1/09) has 32 co-sponsors, including, Rep Michele Bachmann [MN-6], Rep Brian P. Bilbray [CA-50], Rep Rob Bishop [uT-1], Rep Marsha Blackburn [TN-7], Rep John Boozman [AR-3], Rep Paul C. Broun [GA-10], Rep K. Michael Conaway [TX-11], Rep Geoff Davis [KY-4], Rep Jeff Flake [AZ-6], Rep Virginia Foxx [NC-5], Rep Trent Franks [AZ-2], Rep Scott Garrett [NJ-5], Rep Louie Gohmert [TX-1], Rep Bob Goodlatte [VA-6], Rep Dean Heller [NV-2], Rep Wally Herger [CA-2], Rep Peter Hoekstra [MI-2], Rep Sam Johnson [TX-3], Rep John Kline [MN-2], Rep Doug Lamborn [CO-5], Rep Connie Mack [FL-14], Rep Michael T. McCaul [TX-10], Rep Thaddeus G. McCotter [MI-11], Rep Patrick T. McHenry [NC-10], Rep Jeff Miller [FL-1], Rep Sue Wilkins Myrick [NC-9], Rep Ron Paul [TX-14], Rep Ted Poe [TX-2], Rep David P. Roe [TN-1], Rep Paul Ryan [WI-1], Rep Pete Sessions [TX-32], and Rep Lynn A. Westmoreland [GA-3].

Here are some of the co-sponsors who co-sponsored this bill in the last Congress, but have yet to do so in the 111th Congress -- look for your Representative, they might need an encouraging phone call. Mr. MARCHANT, Mr. BURTON of Indiana, Mr. AKIN, and Mr. BISHOP of New York.

Enumerated Powers Act (Introduced in House)

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

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.'

© 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.'.

END

DC Downsizer Michael Mitchell of Alaska compiled this list from Article I of the U.S. Constitution. These are all the powers that the Congress has.

1. Borrow money

2. Regulate commerce among the states

3. Regulate naturalization

4.Regulate bankruptcies

5.Coin money

6.Fix weights and standards

7.Punish counterfeiters

8.Establish post offices

9.Establish post roads

10.Record patents

11.Protect copyrights

12.Create federal courts

13.Punish pirates

14.Declare war

15.Raise an army

16.Provide a navy

17.Call up the militia

18.Organize the militia

19.Makes laws for Washington, DC

20.Make rules for the Army and Navy

And that's it! Mitchell continues, "According to the 10th Amendment, all else is controlled by the states or the people.">>>

[galtgulch]

<<<"Bring John Shadegg's 'Enumerated Powers Act' to a Vote

33,399 Messages Sent

“ This government is acknowledged by all, to be one of enumerated powers.”

—Chief Justice Marshall in McCulloch v. Maryland”

“ We start with first principles. The Constitution creates a Federal Government of enumerated powers.”

—Chief Justice William Rehnquist in United States v. Lopez”

The specific, "enumerated" powers of Congress are spelled out in Article of I Section 8 the Constitution. There are twenty of them, and you can read the list for yourself on our Talking Points page.

Because these powers are delegated from the people, they are the only powers Congress has. But our Founding Fathers went further -- trying hard to make enumerated powers so obvious that even a politician couldn't miss the point. They passed the Ninth and Tenth Amendments to shut the door to claims of additional power . . .

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

&

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

And it is the tradition of Congress, for each member, upon the start of their terms of office, to take an oath, promising to protect and uphold the Constitution. Yet virtually every day that Congress is in session these same oath-takers become law-breakers -- passing laws and expending funds on items that are not Constitutionally permissible.

Over the years they've used the Necessary & Proper Clause, the Commerce Clause, and Supreme Court penumbras to give themselves powers the Constitution doesn't permit. IN FACT, MOST OF WHAT THEY DO THESE DAYS IS UNCONSTITUTIONAL. If they had been abiding by their enumerated powers, the federal government would be much, much, much, much, much, much smaller, and far more decentralized than it is today.

Representative John Shadegg (R-AZ) has re-introduced The Enumerated Powers Act (EPA) - HR 450 [You can read the entire bill on our Talking Points page]. EPA would require Congress to reference the specific clause(s) of the U.S. Constitution that grant them the power to enact laws and take other congressional actions.

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce."

James Madison, Federalist No. 45

So what difference will it make if we require them to cite "chapter and verse" the section of the Constitution that gives them authority to pass a law, create or maintain a program, or impose a tax?

Well, it might slow them down.

It might mean that they reconsider a proposal instead of introducing it.

But we freely admit, this new law won't stop them.

However, we believe that this requirement will, over time, build the evidence necessary to make some real reforms. After all, how many different actions per day can they blame on the Commerce Clause before a judge rules or a reformer stands up and says, "This is a hole large enough to drive a fleet of trucks through; let's tighten it up!"

EPA might even, eventually, embarrass Congress. As Walter Williams has pointed out, "Congressmen, openly refusing to live up to their oath of office, exhibit their deep contempt for our Constitution." EPA would expose these politicians because their actions would speak louder than their phony rhetoric.

There's an old Texas legend that says, a young politician by the name of Lyndon Johnson (yes, that Lyndon Johnson), was looking for an edge in his campaign. Johnson suggested to his campaign manager that they start a rumor that his opponent enjoyed sexual congress with pigs.

His campaign manager reacted in shock: "Lyndon you know that's not true."

"Sure," Lyndon is alleged to have replied, "I just want to watch him deny it."

Well, Congress does lots of unconstitutional things. And that's no rumor. Walter Williams is almost certianly right; most members of Congress seem to have "deep contempt for our Constitution."

Now, we just want to see them compelled to deny that charge.">>>