Pass the Enumerated Powers Act

For society to function properly, it must live by laws. We citizens have laws we must follow, and our government has laws they must follow as well – the Constitution. Unfortunately, the Constitution has been largely marginalized and ignored by the federal government.

There is solution: the Enumerated Powers Act.

The Enumerated Powers Act (EPA) has been introduced during each session of Congress since 1995, but the bill is sent to committee – never to be considered again. It simply states that Congress must cite the article, section, and clause of our Constitution that grants them the authority to pass any legislation. What senator or representative could be against the Constitution? After all, they each swore an oath to “support and defend the Constitution.” During the 111th Congress, Congressman John Shadegg (R – Ariz.) had the support of 70 co-sponsors for the EPA, up from 53 during the 110th.  The momentum is on our side, but unfortunately Mr. Shadegg retired in 2010. So ‘We the People’ must contact the representatives we sent to Washington and urge them to pass the EPA in order to ensure constitutional government.

In an age where the federal government passes bills that number in the thousands of pages, I have posted the EPA in full below:

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.’.

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