Monday, August 16, 2010

Every Bill Should State Its Constitutional Authority, Republican Congressman Says

From CNS News.com (Aug. 11):

(CNSNews.com) - A Republican congressman says all bills introduced in Congress should include a statement setting forth the specific constitutional authority under which a law is being enacted.

Rep. John Shadegg (R-Ariz.) says his Enumerated Powers Act will force Congress to re-examine the role of the national government and curb its "ever-expanding reach."The official summary of H.R. 450, introduced on Jan. 1, 2009, reads as follows:

"Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Declares that failure to comply with this requirement shall give rise to a point of order in either chamber of Congress."

The bill has not advanced beyond the Judiciary subcommittee to which it was assigned. [read more]

I like the idea of the bill, but not sure what the "shall give rise to a point of order" statement means. Does not sound like there is much teeth in the bill.

How about if an Act of Congress does not comply with this requirement the act is invalid or unconstitutional. That would be better. Just a thought.

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