The "Enumerated Powers Act" (EPA)

Background Information

The text of the bill, as well as a list of the twenty areas the Constitution "enumerates" as the ONLY Legislative Powers that Congress possesses, appear below. But first...

This bill was sponsored by John Shadegg, R-Arizona. He presently has 69 co-sponsors, including Todd Akin [MO-2], Rodney Alexander [LA-5], Michele Bachmann [MN-6], Spencer Bachus [AL-6], James Barrett [SC-3], Brian Bilbray [CA-50], Gus Bilirakis [FL-9], Rob Bishop [UT-1], Marsha Blackburn [TN-7], John Boehner [OH-8], John Boozman [AR-3], Kevin Brady [TX-8], Paul Broun [GA-10], Dan Burton [IN-5], Eric Cantor [VA-7], John Carter [TX-31], Michael Conaway [TX-11], John Culberson [TX-7], Geoff Davis [KY-4], Nathan Deal [GA-9], John Duncan [TN-2], Jeff Flake [AZ-6], Randy Forbes [VA-4], Virginia Foxx [NC-5], Trent Franks [AZ-2], Scott Garrett [NJ-5], John Gingrey [GA-11], Louis Gohmert [TX-1], Robert Goodlatte [VA-6], Dean Heller [NV-2], Walter Herger [CA-2],Peter Hoekstra [MI-2], Duncan Hunter [CA-52], Lynn Jenkins [R-KS2], Samuel Johnson [TX-3], John Kline [MN-2], Doug Lamborn [CO-5], Christopher Lee [NY-26], Connie Mack [FL-14], Kenny Marchant [TX-24], Michael McCaul [TX-10], Tom McClintock [CA-4], Thaddeus McCotter [MI-11], Patrick McHenry [NC-10], John Mica [FL-7], Jeff Miller [FL-1], Jerry Moran [KS-1], Sue Myrick [NC-9], Randy Neugebauer [TX-19], Pete Olson [TX-22], Ronald Paul [TX-14], Ted Poe [TX-2], Bill Posey [FL-15], Tom Price [GA-6], Dennis Rehberg [MT], Phil Roe [TN-1], Paul Ryan [WI-1], Peter Sessions [TX-32], Michael Simpson [ID-2], Lamar Smith [TX-21], Mark Souder [IN-3], Lee Terry [NE-2], Glenn Thompson [PA-5], Todd Tiahrt [KS-4], Frederick Upton [MI-6], Zach Wamp [TN-3], Lynn Westmoreland [GA-3], Addison Wilson [SC-2], Rob Wittman [VA-1]

In the Senate, the bill (S.1319) was introduced by Senator Tom Coburn of Oklahoma and has 24 cosponsors: Sen John Barrasso [WY],Sen Sam Brownback [KS], Sen Jim Bunning,[KY], Sen Richard Burr [NC], Sen Saxby Chambliss [GA], Sen Bob Corker [TN], Sen John Cornyn [TX], Sen Mike Crapo [ID], Sen Jim DeMint [SC], Sen John Ensign [NV], Sen Michael B. Enzi [WY], Sen Lindsey Graham [SC], Sen Chuch Grassley [IA], Sen Orrin Hatch [UT], Sen Kay Bailey Hutchison [TX], Sen James Inhofe [OK], Sen Johnny Isakson [GA], Sen Jon Kyl [AZ], Sen John McCain [AZ], Sen Mitch McConnell [KY], Sen James E. Risch [ID], Sen John Thune [SD], Sen David Vitter [LA], Sen Roger F. Wicker [MS].

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.'

(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.'.

END

Legislative Power - The ability of Congress to impose a levy, a statute, or a general rule that influences or controls how American citizens behave, or how they handle or dispose of their property.

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

Mitchell continues, "According to the 10th Amendment, all else is controlled by the states or the people."

And Mitchell is basically right. However, there are two other Legislative Powers Congress possesses.

First, the Senate can impose virtually any regulation in the context of a Treaty, which makes treaty ratification a moment that requires considerable vigilance.

Second, with the dubious ratification of the Sixteenth Amendment, Congress can impose a direct tax upon the American people. This was a dangerous, unwarranted power granted in 1913 which we, at DownsizeDC.org, staunchly oppose. The results have been nothing short of disastrous. 1913 also saw the creation of the Federal Reserve, which should be abolished, as well as the ratification of the 17th Amendment, which provided for the direct election of Senators and greater democracy, with all its attendant mob rule qualities.

In other words, these three radical changes removed not only virtually all impediments on the federal government's power and ability to spend with reckless abandon, but it also created an incentive for wanton, deficit spending.

We at DownsizeDC.org believe the 16th and 17th Amendments should be repealed, and the Federal Reserve should be abolished in favor of a Constitutional, "Honest Money" system.