Enumerated Powers Act - Key solution to spending

HR 450, The Enumerated Powers Act.

Briefly, the Act requires every bill (or parts thereof) to have a clause specifying the source of Constitutional authority.

With this law in place, we strike at the root of statism. Representatives that truly honor their oath to support and defend the Constitution can attack tax and spend bills. Who knows, it could possibly lead to the repeal of existing spending laws and actually start reducing the size of government.

If we could publicize this at all Tea Parties across the nation, and get people to write to their Representative asking him to co-sponsor the bill, and if not, why not. Representative is to give answer in writing.

Asking every Representative to co-sponsor the bill would bring tremendous focus and pressure to bear at a single point that would threaten the socialist ambitions of our tyrants.

Are you able to get this idea out to the other Tea Parties?

Find background information below:
1) A copy of R 450 from Thomas.gov
2) Article on HR 450 by Henry Lamb on World Net Daily. (I e-mailed about a dozen editors and columnist before I captured some interest).
3) Copy of House floor speech by Rep. Shadegg .





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Enumerated Powers Act (Introduced in House)
HR 450 IH 111th CONGRESS 1st Session
H. R. 450
January 9, 2009
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.'.


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Let's have a constitutional showdown!


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Posted: March 21, 2009 1:00 am Eastern
Henry Lamb on World Net Daily © 2009
http://www.wnd.com/index.php?fa=PAGE.view&pageId=92396

Every Congressman swears an oath to "… preserve, protect and defend the Constitution of the United States." To a casual observer, these words could be interpreted to mean that laws enacted by Congress should be consistent with the requirements of the Constitution.

To the majority of Congress, these words mean something else, or have no meaning at all, because much of the legislation produced in Washington has no relationship at all with the Constitution.

If we are a nation founded upon the U.S. Constitution, then our laws should be constrained by the Constitution. If we no longer wish to be constrained by our Constitution, we should abandon it and fly by the seat of our congressional pants.

Let's have a constitutional showdown.

Arizona Representative John Shadegg has introduced the "Enumerated Powers Act" (H.R. 450), which requires that:

"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."

What a great idea! Every congressman who has sworn to "… preserve, protect and defend the Constitution" should eagerly endorse this concept – or be exposed as a blatant hypocrite.

The bill was introduced on Jan. 9; it has 18 co-sponsors. This means that 417 representatives are not co-sponsoring the bill – yet. This number could, and should, change. It will not change, however, unless voters force their individual representatives to co-sponsor the bill or publicly explain why not.

This is how to have a constitutional showdown: Every person should call his or her representative and ask directly if the representative will co-sponsor and vote for H.R. 450, the Enumerated Powers Act, or to explain why not – in writing.

Keep a diary. The staff person who takes your call (get his or her name) will tell you that someone will get back to you. When you haven't heard from the staffer in two days, call again. And again. And again, if necessary. If you haven't gotten a reply in two weeks, after four or more calls, write a letter to every newspaper in your district explaining your request, and the response from your representative.

If you get a positive response and a promise to co-sponsor the bill, check with the Library of Congress to make sure your representative has actually signed the bill. When he or she does, write a letter to every newspaper in the district thanking the representative for living up to his oath.

Every representative should be hounded by many callers until each representative either co-sponsors the bill or declares why not. But this may not be enough.



The bill was referred to the Rules Committee and to the Judiciary Committee. Even if the bill had 435 co-sponsors, the chairman of either committee could simply refuse to move the bill from the committee to the floor for a vote.

Sadly, this is what has happened to similar bills in the past. They simply die in committee, and the public never even knows such a bill was proposed.

Not this time.

H.R. 450 should become the theme song of all the "Tea Parties" that are taking place around the country. Glenn Beck's "We surround them" movement should surround Congress with H.R. 450 and the request they sign it, or explain why not. Freedom21 organizations and Ron Paul's Campaign for Liberty should join the campaign to force a constitutional showdown. Callers to Rush Limbaugh and Sean Hannity should urge their listeners to focus on H.R. 450, and soon, congressmen will have to sign the bill or explain why they won't.

Representative Louise Slaughter chairs the House Rules Committee, and Representative John Conyers chairs the House Judiciary Committee. Both of these committee chairs should be bombarded with phone calls and emails asking that H.R. 450 be brought to the House floor for a recorded vote. Every constituent and every reporter who has an opportunity to ask a representative a question in public should ask whether he supports the Enumerated Powers Act and if not, why not.

Nothing short of massive public pressure will force congressmen to take a position on this important bill. Nothing short of a return to the Constitution can save this great nation.

This is an easy assignment. Simply enter your zip code in the appropriate box on this web site. Contact information for all your elected officials will be immediately available. It wouldn't hurt to print this information and keep it handy. You may discover that you like taking an active part in influencing your government. Be polite when you call or write, but be firm, determined, persistent and loud. Make sure that your neighbors know what your representative has to say.

Forcing Congress to return to the U.S. Constitution may be the most important service we can perform for our country.



Henry Lamb is the author of "The Rise of Global Governance," chairman of Sovereignty International and founder of the Environmental Conservation Organization (ECO) and Freedom21 Inc..


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HR 1539 is previous version of HR 450
THE ENUMERATED POWERS ACT -- (House of Representatives - March 06, 2007)
Begin HR 1359 speech by Rep. Shadegg, Arizona.

The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Arizona (Mr. Shadegg) is recognized for 5 minutes.

Mr. SHADEGG. Mr. Speaker, today I rise to speak of the importance of the 10th amendment and of a bill that I have introduced each Congress since the 104th Congress, the Enumerated Powers Act. I speak today as a member of the Constitution caucus, chaired by my colleague, Congressman Scott Garrett of New Jersey. It is a caucus that is dedicated and works tirelessly to illuminate the importance of the Constitution and of the 10th amendment.

The 10th amendment to the United States Constitution reads as follows: ``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.''

Let me emphasize that again. ``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.''

What that means is that the Founding Fathers intended our national government to be a limited government, a government of limited powers that cannot expand its legislative authority into areas reserved to the states or to the people. As the final amendment in the 10 Bill of Rights, it is clear that the Constitution establishes a Federal Government of specifically enumerated and limited powers.

For that reason, as I indicated, I have introduced, each year since I have been in this Congress, the Enumerated Powers Act. This bill would require that all pieces of legislation introduced in the Congress, by a Member of Congress, would have to contain a statement setting forth the specific constitutional authority granted by the Constitution to the U.S. Congress by which that piece of legislation was to be enacted. This measure would enforce a constant and ongoing re-examination of the role of our national government.

The Enumerated Powers Act is simple. It is simply intended to require a scrutiny that we should look at what we enact and that, by doing so, we can slow the growth and reach of the Federal Government, and leave to the states or the people, those functions that were reserved to them by the Constitution.

It will perform three most important functions.

First, it would encourage Members of Congress to pause and reflect and to consider whether they propose a piece of legislation, whether it belongs at the Federal level in the allocation of powers under our U.S. Constitution, or properly belongs with the states or with the people.

Second, it would function to force us to include a statement in the legislation explaining by what authority we are acting.

And third, it would give the United States Supreme Court the ability to look at the constitutional justification for each piece of legislation, and if that constitutional justification did not stand up to scrutiny, the courts and the people would find it easier to hold the Congress accountable and to eliminate those acts which are beyond the scope of the Constitution.

In 1787, when the Founding Fathers wrote our Constitution, they created a national government with great powers but limited powers, believing that granting specific, rather than general legislative power to the national government would be a central mechanism for protecting freedom while allowing us still to achieve the objectives of a national government. As a result, the Constitution gives the Federal Government only 18 specific enumerated powers, just 18 powers.

For the largest part of our history, for the first 130 years, the Constitution served as a bulwark against excessive Federal regulation and against excessive all powerful Federal Government. Unfortunately, the restraint that Congresses demonstrated under that provision of the Constitution has largely been abandoned in the latter half of the 20th Century and now in the 21st Century.

Beginning with the New Deal, modern Congresses have displayed a willingness to ignore the 10th amendment in order to greatly expand the Federal Government.

Let me be clear. Virtually all the measures which go beyond the scope of the powers granted to the Federal Government by the 10th amendment are well-intentioned. But unfortunately, many of them are not authorized by the Constitution. The Federal Government has ignored the Constitution and expanded its authority into every aspect of human conduct, and quite sadly, it is not doing many of those things very well.

The size and scope of the Federal Government has exploded, and there is a belief that the Federal Government can do anything. And yet, that is not what the Founding Fathers intended.

For too long, the Federal Government has operated without constitutional restraint, blatantly ignoring the principles of federalism.
I urge my colleagues to join me in supporting a review and a criticism and an evaluation of the proper role of the Federal Government in order to empower the American people and to distribute power as the Constitution contemplated it.