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 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.'

(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.