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Sources of Constitutional Authority and
House Rule VII, Clause 7(c)
Kenneth R. Thomas
Legislative Attorney
Todd B. Tatelman
Legislative Attorney
January 6, 2011
Congressional Research Service
7-5700
www.crs.gov
R41548
CRS Report for Congress
P
repared for Members and Committees of Congress
c11173008

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Sources of Constitutional Authority and House Rule VII, Clause 7(c)

Summary
On January 5, 2011, the House of Representatives adopted an amendment to House Rule VII
adding a requirement to all measures introduced in the House of Representatives that are intended
to become law. Specifically, Rule VII, clause 7(c) requires that, to be accepted for introduction by
the House Clerk, all bills (H.R.) and joint resolutions (H.J.Res.) must provide a document stating
“as specifically as practicable the power or powers granted to Congress in the Constitution to
enact the bill or joint resolution.” The requirement is mandatory, and the House Clerk appears to
have the authority to reject introduction of any bill and/or joint resolution that is not accompanied
by such a statement. It should be noted, however, that the rule does not appear to vest the House
Clerk with the responsibility or authority to evaluate the substantiality of the required statement.
Further, based on the plain language of the rule, such a statement is not required for House
Resolutions (H.Res.), proposed amendments to already introduced bills, or other types of
measures that may be considered by the House.
Rule 7(c) appears to adopt a subjective standard for determining what specific constitutional
authority exists to enact an introduced bill. In other words, the rule appears to leave each
individual member free to ascertain, by whatever means the member deems appropriate, his/her
own basis for constitutional authority. Should a member choose to consider the Constitution as
interpreted by the Supreme Court through its majority opinions, that appears to be permissible
under the rule. Equally permissible sources for members to rely on could include their own
personal interpretation of the text of the Constitution; documents produced at the Constitutional
Convention; sources published contemporaneously with the consideration and ratification of the
Constitution by the states; commentaries on the Constitution, academic journal articles,
constitutional law treatises, and other publications; the advice of congressional support agencies;
the advice of outside groups or think tanks; and any other source that the member believes to be
relevant and authoritative.
The language of the rule requires an articulation of the specific textual constitutional basis for a
piece of legislation to be made “as specifically as practicable.” In some cases, however, it may be
difficult to fully articulate textual constitutional authorities which can serve as the basis for a
proposed bill in a summary form. For instance, as the powers of the federal government often
overlap with each other, several constitutional authorities may individually suffice to authorize
Congress’s authority over a particular subject matter. Further, case law may have either expanded
or limited the apparent reach of these authorizations in ways not apparent from constitutional text.
In addition, the “Necessary and Proper Clause” and other implied powers may also support the
expansion of congressional authority beyond these explicit authorities in ways not easily
discernible from the text.
This report will discuss the constitutional authority for four selected categories of legislation:
authorization legislation; appropriations legislation; legislation that places conditions on the
availability of federal funds; and, finally, legislation that repeals existing laws and/or programs.
The report will then set out a list of general types of legislation in alphabetical order, which will
be followed by constitutional provisions that might arguably provide the power to legislate on
some aspects of this issue. Please refer to the Table of Contents for a convenient list of the types
of legislation so addressed.

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Sources of Constitutional Authority and House Rule VII, Clause 7(c)

Contents
House Rule VII, Clause 7(c)........................................................................................................ 1
Summary of the Rule ............................................................................................................ 1
Signature and Publication Requirement ................................................................................. 1
Ability to Update and Amend ................................................................................................ 1
Standard/Criteria for Determining Constitutional Authority ................................................... 2
Enforcement ......................................................................................................................... 2
Statements of Constitutional Authority Versus Analysis of Constitutionality ................................ 2
Constitutional Authority for Selected Types of Proposed Legislation ........................................... 4
Authorization Legislation...................................................................................................... 4
Appropriations Legislation.................................................................................................... 5
Conditional Legislation Providing Federal Funds (Spending Legislation) .............................. 5
Legislation Repealing Existing Laws, Agencies, and/or Programs ......................................... 5
Specific Constitutional Textual Authorities............................................................................ 6
List of Types of Legislation and Textual Authorities .................................................................... 7
Appropriations ...................................................................................................................... 7
Army (Creation and Maintenance) ........................................................................................ 7
Bankruptcy Regulation.......................................................................................................... 7
Business Regulation.............................................................................................................. 7
Census Procedures and Methods ........................................................................................... 7
Civil Rights Enforcement ...................................................................................................... 8
Civil Rights Regulation (Disparate Economic Treatment)...................................................... 8
Commercial Activity Regulation ........................................................................................... 8
Constitutional Amendments .................................................................................................. 8
Copyright Regulation ............................................................................................................ 9
Counterfeiting Punishment .................................................................................................... 9
Currency, Standard Weights and Measures ............................................................................ 9
Debt (Federal Government)................................................................................................... 9
District of Columbia.............................................................................................................. 9
Due Process Enforcement ................................................................................................... 10
Election Law (Poll Tax Abolition Enforcement) .................................................................. 10
Election Laws (Federal) ...................................................................................................... 10
Emolument, Office, or Title (Acceptance by Federal Official) ............................................. 10
Equal Protection Enforcement ............................................................................................. 11
Federal Courts (Creation and Regulation)............................................................................ 11
Federal Courts (Exceptions to Jurisdiction) ......................................................................... 11
Full Faith and Credit (Manner of Proving)........................................................................... 11
Habeas Corpus Suspension.................................................................................................. 12
Immigration Regulation ...................................................................................................... 12
Interstate Travel Regulation ................................................................................................ 12
Labor Regulation ................................................................................................................ 12
Letters of Marque and Reprisal ........................................................................................... 12
Military Regulation............................................................................................................. 12
Militia Regulation ............................................................................................................... 13
Militia Use to Suppress Insurrection or Repel Invasions ...................................................... 13
Navy (Creation and Maintenance) ....................................................................................... 13
Necessary and Proper Regulations to Effectuate Powers ...................................................... 13
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Patent Regulation................................................................................................................ 13
Piracy, Crimes on the High Seas, and Offences Against Nations .......................................... 13
Post Offices ........................................................................................................................ 14
Presidential and Vice-Presidential Disability Regulation...................................................... 14
Presidential Electors (Time of Vote Casting)........................................................................ 14
Presidential Electors for District of Columbia...................................................................... 14
Presidential Secession Regulation ....................................................................................... 15
Presidential Vacancy and Disability Regulation ................................................................... 15
Privileges or Immunities Enforcement................................................................................. 16
Property Regulation, Federal ............................................................................................... 16
Republican Form of State Government Guarantee ............................................................... 16
Rules of Each House (Providing for by Legislation) ............................................................ 16
Slavery, Involuntary Servitude and Racial Discrimination ................................................... 16
Spending Authorization....................................................................................................... 17
State Admission to the Union .............................................................................................. 17
State Imposts and Duties (Congressional Consent) .............................................................. 17
State Interstate or Foreign Compacts (Congressional Consent) ............................................ 17
States Duties (Congressional Consent) ................................................................................ 17
States Keeping Troops or Ships in Peace (Congressional Consent) ...................................... 18
Tariffs ................................................................................................................................. 18
Taxation.............................................................................................................................. 18
Taxation (Income) ............................................................................................................... 18
Territories ........................................................................................................................... 18
Treason Punishment ............................................................................................................ 19
Voting Age Reduction Enforcement..................................................................................... 19
Voting Discrimination Regulation ....................................................................................... 19
War, Power to Declare......................................................................................................... 19
Women’s Suffrage Regulation ............................................................................................. 19

Contacts
Author Contact Information ...................................................................................................... 20

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House Rule VII, Clause 7(c)
Summary of the Rule
On January 5, 2011, the House of Representatives adopted an amendment to House Rule VII
adding a requirement to all measures introduced in the House of Representatives that are intended
to become law.1 Specifically, Rule VII, clause 7(c) requires that, to be accepted for introduction
by the House Clerk, all bills (H.R.) and joint resolutions (H.J.Res.) must provide a document
stating “as specifically as practicable the power or powers granted to Congress in the Constitution
to enact the bill or joint resolution.”2 The requirement is mandatory, and the House Clerk appears
to have the authority to reject introduction of any bill and/or joint resolution that is not
accompanied by such a statement. It should be noted, however, that the rule does not appear to
vest the House Clerk with the responsibility or authority to evaluate the substantiality of the
required statement. Further, based on the plain language of the rule, such a statement is not
required for House Resolutions (H.Res.), proposed amendments to already introduced bills, or
other types of measures that may be considered by the House.
With respect to measures from the Senate that are intended to become law, such as Senate bills
(S.) and Senate joint resolutions (S.J.Res.), the rule provides that, prior to their consideration by
the House, “the chair of a committee of jurisdiction may submit the statement … as though the
chair were the sponsor of the Senate bill or joint resolution.”3 As this requirement is by its plain
language permissive, it appears as though consideration of Senate bills and joint resolutions will
not be procedurally affected if a statement of constitutional authority is not provided.
Signature and Publication Requirement
It is important to note that the rule does not require that the statement of constitutional authority
be made part of the text of a proposed bill or joint resolution. Rather, it appears that these
statements are to be provided to the House Clerk at the time of introduction as a separate
document.4 Although the statements will not be part of the bill text, the rule does provide that the
statements are to be signed by the sponsoring member, printed in the Congressional Record, and
are to be made publicly available in electronic form by the Clerk.5
Ability to Update and Amend
While the rule appears to only apply to the introduction of bills and joint resolutions in the House,
there is nothing in the rule’s text to indicate that the constitutional authority statement cannot be
updated or amended at other points in the legislative process. As bills work their way through
committee and onto the floor, they are often amended and, as a result, sponsoring members may

1 H.Res. 5 § 2(a), 112th Cong. (2011).
2 Id.
3 Id.
4 A form has been prepared by House Legislative Counsel to facilitate the submission of House Bills in compliance
with the Rule. See http://legcoun.house.gov/members/cas.html.
5 H.Res. 5 § 2(a).
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feel that the basis for constitutional authority provided at introduction is no longer relevant or
accurate. While the rule does not require that members ensure that the statement of constitutional
authority be updated to reflect changes to the bill, there appears to be nothing that prevents or
prohibits a sponsoring member from amending or updating the statement to respond to changes
made during the due course of the legislative process.
Standard/Criteria for Determining Constitutional Authority
The rule appears to adopt a subjective standard for determining what specific constitutional
authority exists to enact an introduced bill. In other words, the rule appears to leave each
individual member free to ascertain, by whatever means the member deems appropriate, his/her
own basis for constitutional authority. Should a member choose to consider the Constitution as
interpreted by the Supreme Court through its majority opinions, that appears to be permissible
under the rule. Equally permissible sources for members to rely on could include their own
personal interpretations of the text of the Constitution; documents produced at the Constitutional
Convention, such as James Madison’s Notes on the Constitutional Convention of 1787; sources
published contemporaneously with the consideration and ratification of the Constitution by the
states, such as the Federalist Papers, Anti-Federalist Papers, and the ratification debates of the
state legislatures; commentaries on the Constitution, such as Joseph Story’s Commentaries on the
Constitution of the United States or The Heritage Guide to the Constitution; academic journal
articles, constitutional law treatises, and other publications; the advice of congressional support
agencies; the advice of outside groups or think tanks; and any other source that the member
believes to be relevant and authoritative.6 The language “as specifically as practicable” suggests
that the members should cite a specific clause or provision of the Constitution as the basis for
authority, but the rule does not appear to actually require such a citation.
Enforcement
As discussed above, while the Clerk appears to have the ability to reject bills that are introduced
without an accompanying statement of constitutional authority, no other enforcement mechanism
or procedural action appears to be provided for by the rule. In other words, once the statement is
properly included with the bill at introduction, the rule is satisfied and members have no legal or
procedural recourse against a statement, even if they believe the constitutional authority statement
is incomplete, inaccurate, or improper. Thus, the fact that a member may disagree with a
statement of constitutional authority does not appear to provide the member with a legal or
procedural basis on which to prevent or delay consideration of a properly introduced bill or joint
resolution.
Statements of Constitutional Authority Versus
Analysis of Constitutionality
Conceptually and analytically, it seems critical to make a distinction between what the rule
requires of members and what it does not. Specifically, this requires understanding the difference

6 See Majority Leader Eric Cantor, New Constitutional Authority Requirement for Legislation,
http://republicanwhip.house.gov/Rules/.
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between “a statement of constitutional authority to act” and “an analysis of the constitutionality”
of a proposed bill or joint resolution. These are two separate and discrete questions that require
different types of analysis and, most importantly, may produce different results.
The House rule is asking the member to identify the provision or clause of the Constitution that
grants Congress the authority to enact the bill that is being introduced. Phrased another way, the
question that the House rule is arguably asking of members is, what part of the Constitution gives
Congress the power to act in the manner being proposed. The rule does not appear to be asking
whether the specifics of what the member is proposing in the bill are consistent with the
Constitution. That is a separate, often times much more complex inquiry. For example, legislation
intending to prohibit the interstate sale and distribution of material related to animal cruelty or
depictions of child pornography is arguably within Congress’s authority to act under Article I, §
8, clause 3, commonly referred to as the Commerce Clause. Thus, to comply with the House rule,
a statement accompanying the bill identifying the Commerce Clause as the basis for Congress’s
authority to act appears to fully satisfy the member’s obligation.7
Nothing in the statement required by the rule, however, speaks to whether the particular
components of the legislation are in fact constitutionally permissible in light of provisions in the
Constitution that may place limitations or disabilities on Congress’s authority to act. Although
Congress may have the requisite constitutional authority to regulate the interstate sale of material
related to animal cruelty or child pornography, reaching that conclusion in no way requires the
consideration of whether the First Amendment constrains or disables Congress’s authority with
respect to these materials. The consideration of constitutional limitations or disabilities on
Congress’s authority, such as the First, Ninth, and Tenth Amendments, appears to be outside the
scope of the House rule. The House rule arguably only requires the member to state the
constitutional basis for authority to act, not whether the action is constitutionally permissible in
light of other potentially disabling or limiting provisions.
Another factor potentially complicating analysis under the rule is the likelihood that Congress
may be able to rely on multiple constitutional provisions for authority to enact a proposed bill.
The recently enacted Patient Protection and Affordable Care Act (PPACA)8 is an example of such
a statute. Had this rule been in effect when PPACA was introduced, the constitutional authority
cited could arguably have been the Commerce Clause, Article I, § 8, clause 3, as PPACA attempts
to regulate the national market for heath insurance and health care. PPACA, however, in addition
to regulating interstate commerce, also contains language that can be authorized by other
provisions of the Constitution. For instance, PPACA, in several sections, provides appropriated
funds to agencies to carry out the requirements of the act. Appropriations are authorized by
Article I, § 9, clause 7, not the Commerce Clause. Additionally, PPACA contains several sections
that provide for “fast track” consideration of certain types of legislation by the Senate. Legislation
governing the internal rules and procedures utilized by Congress is authorized by Article I, § 5,
clause 2, not the Commerce Clause.
Given the analytical and conceptual distinction between Congress’s constitutional authority to act
and an act’s constitutionality, the possibility of conflicting results is clear. Again, PPACA can

7 Id. (Providing as an example of citation of constitutional authority: “This bill is enacted pursuant to the power granted
to Congress under Article I, Section 8, Clause 3 of the United States Constitution”).
8 Patient Protection and Affordable Care Act, P.L. 111-148 (2010), as amended by the Health Care and Education
Reconciliation Act of 2010, P.L. 111-152 (2010).
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serve as an illustrative example. The fact that there is arguably a basis for constitutional authority
to act under the Commerce Clause in no way impacts an analysis of whether the specific
provisions within PPACA are legitimate exercises of Congress’s power under the Commerce
Clause. As a result, there has been litigation regarding PPACA’s individual mandate, which, to
date, has resulted in conflicting judicial decisions with respect to the mandate’s constitutionality.9
Constitutional Authority for Selected Types of
Proposed Legislation
Although there are thousands of bills introduced in the House of Representatives each Congress,
they can be broadly categorized into selected groupings for purposes of discussing possible bases
of constitutional authority. This section of the report will discuss four such broad categories of
legislation: authorization legislation; appropriations legislation; legislation that places conditions
on the availability of federal funds; and, finally, legislation that repeals existing laws and/or
programs. This is not intended to be an exhaustive discussion of types of legislation, but is
provided to illustrate the analytical framework for determining proposed legislation’s
constitutional authority. As discussed above, nothing in this discussion considers or discusses the
constitutionality of specific proposed legislation.
Authorization Legislation
Perhaps the most commonly used general category of legislation introduced during a Congress is
authorization legislation. Generally, authorization bills will propose the establishment, or
continuation (referred to as a reauthorization bill) for an agency or program, and will provide the
necessary legal authority for that agency to operate and/or for the program to be carried out. As
there is no specific clause in the Constitution that provides general authority for authorization
bills, most will require an analysis based on the specific subject matter of the proposed bill. For
example, a bill authorizing activities of the military or defense department programs would
arguably be constitutionally authorized by Article I, § 8, clauses 12, 13, or 14, which grant
Congress the power to regulate the Army, Navy, and Military respectively. Alternatively, a
proposed bill authorizing or reauthorizing the Federal Aviation Administration (FAA) would
arguably be constitutionally authorized by Article I, § 8, clause 3, the Commerce Clause. The
Commerce Clause could serve as the basis for constitutional authority, as the regulation of
aviation arguably has a direct impact on commerce between the states as well as between foreign
nations. As discussed above, the only requirement imposed by the House rule is to provide a basis
for constitutional authority; the rule does not require an assessment of a proposed bill’s
constitutionality. Thus, it would appear that many introduced bills that authorize general federal
government activity and/or programs will be able to cite Article I, § 8, clause 3, the Commerce
Clause, as the basis for constitutional authority.

9 Compare Virginia ex rel. Cuccinelli v. Sebelius, No. 3:10cv188-HEH (E.D. Va., filed Dec. 13, 2010) (holding the
individual mandate provisions of PPACA unconstitutional) with Thomas More Law Ctr. v. Obama, 2010 U.S. Dist.
LEXIS 107416 (Oct. 7, 2010) (holding the individual mandate provision to be a “reasonable means of effectuating
Congress’s goal”); Liberty Univ., Inc. v. Geithner, 2010 U.S. Dist. LEXIS 125922 (Nov. 30, 2010) (same).
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Appropriations Legislation
Funding the activities of the federal government is typically done through the enactment of
annual appropriations bills. There are three main types of appropriations bills: (1) regular or
general, of which there are typically 13 annual appropriations bills; (2) supplemental
appropriations bills, which are used to address emergency funding and other unexpected
contingencies; and (3) continuing appropriation resolutions or CRs, which provide stop-gap
funding for agencies and programs that have not had their annual appropriations bills enacted by
the end of the fiscal year.10 Article I, § 9, clause 7 specifically provides the constitutional
authority for each of the various types of appropriations bills. As previously discussed, larger,
more complex bills may include provisions that appropriate funds, even though the bill has other
more general purposes. Thus, while individual provisions of a bill may be constitutionally
authorized by the appropriations power, a member may still consider it necessary to provide a
statement of constitutional authority for those parts of the bill not covered by the Appropriations
Clause.
Conditional Legislation Providing Federal Funds (Spending
Legislation)
Often members of Congress will introduce bills that are intended to provide incentives for the
states to perform certain functions that the federal government is not authorized to perform
directly. An example of such legislation is the requirement for there to be a minimum drinking
age, which is not directly imposed by federal law, but rather has been adopted by the states so that
they annually receive the full allotment of federal highway funds. States that opt not to maintain
the minimum drinking age are required to have their allotment of highway funds reduced by 10%
annually.11 Bills that are introduced that purport to take similar actions can arguably be
constitutionally authorized by the “general welfare” language found in Article I, § 8, clause 1,
commonly referred to as the Spending Clause. Again, as discussed above, this analysis does not
address the question of whether the specific bill in question exceeds the scope of the Spending
Clause, as articulated by the Supreme Court.12 That is a question of constitutionality, not of
constitutional authority.
Legislation Repealing Existing Laws, Agencies, and/or Programs
It is expected that many members may introduce legislation that proposes to repeal an existing
law, eliminate a federal agency, and/or defund a specific program. As the Constitution contains no

10 Arguably a fourth category exists; namely, omnibus appropriations bills. An omnibus appropriations bill is the
combination of the 13 annual appropriations bill into one single measure. Although this happens on occasion, such
omnibus bills do not appear to be legally distinct from the annual appropriations bills so as to justify their own
category. Often, if not always, the decision to create an omnibus appropriations bill is a political one, not a legal or
constitutional one.
11 See 23 U.S.C. § 158(a)(1) (2006).
12 Specifically, the Supreme Court has held that such conditions on federal spending are constitutionally permissible
provided that, if Congress desires to condition the states’ receipt of federal funds, it must do so unambiguously,
enabling the states to exercise their choice knowingly, cognizant of the consequences of their participation; and that
conditions on federal grants must be related to a national concern. See South Dakota v. Dole, 483 U.S. 203, 206-09
(1987).
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direct language addressing the power of repeal, determining the constitutional authority for such a
proposal may prove elusive. One potential argument for the constitutional authority to repeal
laws, agencies, or programs is that the authority to repeal is the same as the authority to create. If,
for example, a member wished to introduce a bill proposing the elimination of the Department of
Education, he/she might choose to cite the Commerce or Spending Clauses discussed above, as
they were arguably the source of constitutional authority for having created the Department of
Education. While a member may believe that the reason for introducing the bill is to restore the
proper balance between the states and the national government pursuant to the Tenth Amendment,
such a citation is arguably not consistent with the House rule. The Tenth Amendment is not an
affirmative grant of authority to Congress; rather, it is a limitation or disability on Congress’s
authority to legislate. Hence, because the House rule requires “a statement citing … the power or
powers granted to Congress …,”13 not merely a statement of constitutional provisions, citations to
the Tenth Amendment do not appear to satisfy the requirement of the House rule.
Another closely related type of legislation is legislation intended to revoke a final agency
regulation pursuant to the Congressional Review Act (CRA).14 The CRA permits any member to
introduce a joint resolution of disapproval of any federal agency rule within 60 legislative days
after Congress has received the rule.15 Because such resolutions must be presented to the
President for his signature or veto, they are intended to become law. Therefore, resolutions
pursuant to the CRA are subject to the rule in the House upon their introduction. The CRA
provides a statutory basis for the introduction of the resolution, but the House rule requires a
statement of constitutional, not statutory, authority. Arguably, the advantage to introducing a
resolution under the CRA is that, if done properly, the resolution is eligible for certain expedited
procedures, particularly when it comes to Senate consideration, that potentially make it easier to
move through Congress.16 Thus, the constitutional authority for joint resolutions of disapproval is
arguably Article I, § 5, clause 2, which provides Congress the authority to determine the rules of
its proceedings.
Specific Constitutional Textual Authorities
As noted above, it may be difficult to fully articulate the textual constitutional authorities which
can serve as the basis for a proposed bill, as the various powers of the federal government may
overlap, so that several constitutional authorities might individually suffice to authorize
Congress’s authority over a particular subject matter. Further, case law may have either expanded
or limited the apparent reach of these authorizations. In addition, the “Necessary and Proper
Clause”17 and other implied powers may also support the expansion of congressional authority
beyond these explicit authorities in ways not easily discernible from the text.

13 H.Res. 5 § 2(a), 112th Cong. (2011).
14 5 U.S.C. §§ 801-808 (2006).
15 Id. at § 802(a).
16 Id. at § 802(c)-(f).
17 Article I, § 8, Cl. 18 provides that “The Congress shall have Power ... To make all Laws which shall be necessary
and proper for carrying into Execution the foregoing Powers, and all other Powers vested by the Constitution in the
Government of the United States, or in any Department or Officer thereof.” In McCulloch v. Maryland, 17 U.S. (4
Wheat.) 316 (1819), Chief Justice Marshall interpreted the clause, stating “Let the end be legitimate, let it be within the
scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not
prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.” Id. at 420.
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Outlined on the following pages is a list of general types of legislation and related provisions of
the Constitution that might arguably provide the power to legislate on some aspects of an issue.
An analysis of relevant case law regarding all provisions of the Constitution may be found in the
treatise CONSTITUTION OF THE UNITED STATES OF AMERICA: ANALYSIS AND INTERPRETATION,
prepared by the American Law Division of the Congressional Research Service. Under P.L. 91-
589, a hard copy of this treatise has been provided to all Members of Congress, and a searchable
version of the treatise is available on the CRS website under the Quick Link “Constitution
Annotated.”18
List of Types of Legislation and Textual Authorities
Appropriations
Article I, Section 9, Clause 7
No Money shall be drawn from the Treasury but in Consequence of Appropriations made by Law;
and a regular Statement and Account of the Receipts and Expenditures of all public Money shall
be published from time to time.
Army (Creation and Maintenance)
Article I, Section 8, Clause 12
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer
Term than two Years.
Bankruptcy Regulation
Article I, Section 8, Clause 4
The Congress shall have Power *** To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United States.
Business Regulation
Article I, Section 8, Clause 3
The Congress shall have Power *** To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes.
Census Procedures and Methods
Article I, Section 2, Clause 3

18 See http://crs.gov/analysis/Pages/constitutionannotated.aspx.
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The actual Enumeration shall be made within three Years after the first Meeting of the Congress
of the United States, and within every subsequent Term of ten Years, in such Manner as they shall
by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand,
but each State shall have at Least one Representative; and until such enumeration shall be made,
the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island
and Providence Plantations one, Connecticut, five, New York six, New Jersey four, Pennsylvania
eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and
Georgia three.
Civil Rights Enforcement
Fourteenth Amendment, Section 5
Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without due process of law; nor
deny to any person within its jurisdiction the equal protection of the laws.
****
Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of
this article.
Civil Rights Regulation (Disparate Economic Treatment)
Article I, Section 8, Clause 3
The Congress shall have Power *** To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes.
Commercial Activity Regulation
Article I, Section 8, Clause 3
The Congress shall have Power *** To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes.
Constitutional Amendments
Article V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose
Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the
several States, shall call a Convention for proposing Amendments, which in either Case, shall be
valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of
three fourths of the several States or by Conventions in three fourths thereof, as the one or the
other Mode of Ratification may be proposed by the Congress; Provided that no Amendment
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which may be made prior to the Year One thousand eight hundred and eight shall in any Manner
affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State,
without its Consent, shall be deprived of its equal Suffrage in the Senate.
Copyright Regulation
Article I, Section 8, Clause 8
The Congress shall have Power *** To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the exclusive Right to their respective
Writings and Discoveries.
Counterfeiting Punishment
Article I, Section 8, Clause 6
*** To provide for the Punishment of counterfeiting the Securities and current Coin of the United
States.
Currency, Standard Weights and Measures
Article I, Section 8, Clause 6
The Congress shall have Power *** To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures.
Debt (Federal Government)
Article I, Section 8, Clause 2
The Congress shall have Power *** To borrow Money on the credit of the United States.
District of Columbia
Article I, Section 8, Clause 17
Congress shall have power *** To exercise exclusive Legislation in all Cases whatsoever, over
such District (not exceeding ten Miles square) as may, by Cession of particular States, and the
Acceptance of Congress, become the Seat of Government of the United States, and to exercise
like Authority over all Places purchased by the Consent of the Legislature of the State in which
the same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful
Buildings.
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Due Process Enforcement
Fourteenth Amendment, Section 5
Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without due process of law; nor
deny to any person within its jurisdiction the equal protection of the laws.
****
Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of
this article.
Election Law (Poll Tax Abolition Enforcement)
Twenty-Fourth Amendment, Section 2
Section 1: The right of citizens of the United States to vote in any primary or other election for
President or Vice President, for electors for President or Vice President, or for Senator or
Representative in Congress, shall not be denied or abridged by the United States or any State by
reason of failure to pay any poll tax or other tax.
Section 2: The Congress shall have power to enforce this article by appropriate legislation.
Election Laws (Federal)
Article I, Section 4, Clause 1
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof; but Congress may at any time make or alter
such Regulations, except as to the Place of chusing Senators.
Emolument, Office, or Title (Acceptance by Federal Official)
Article I, Section 9, Clause 8
No Title of Nobility shall be granted by the United States: And no Person holding any Office of
Profit or Trust under them, shall, without the Consent of the Congress accept of any present,
Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
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Equal Protection Enforcement
Fourteenth Amendment, Section 5
Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without due process of law; nor
deny to any person within its jurisdiction the equal protection of the laws.
****
Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of
this article.
Federal Courts (Creation and Regulation)
Article I, Section 8, Clause 9
The Congress shall have Power *** To constitute Tribunals inferior to the supreme Court.
Article III, Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such
inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of
the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at
stated Times, receive for their Services, a Compensation, which shall not be diminished during
their Continuance in Office.
Federal Courts (Exceptions to Jurisdiction)
Article III, Section 2
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a
State shall be a Party, the Supreme Court shall have original Jurisdiction. In all other Cases before
mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with
such Exceptions, and under such Regulations as the Congress shall make.
Full Faith and Credit (Manner of Proving)
Article IV, Section 1
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial
Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in
which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.
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Habeas Corpus Suspension
Article I, Section 9, Clause 2
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of
Rebellion or Invasion the public Safety may require it.
Immigration Regulation
Article I, Section 8, Clause 4
The Congress shall have Power *** To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United States.
Interstate Travel Regulation
Article I, Section 8, Clause 3
The Congress shall have Power *** To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes.
Labor Regulation
Article I, Section 8, Clause 3
The Congress shall have Power *** To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes.
Letters of Marque and Reprisal
Article I, Section 8, Clause 11
The Congress shall have power *** To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water.
Military Regulation
Article I, Section 8, Clauses 14
To make Rules for the Government and Regulation of the land and naval Forces.
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Militia Regulation
Article I, Section 8, Clause 16
The Congress shall have Power *** To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be employed in the Service of the United
States, reserving to the States respectively, the Appointment of the Officers, and the Authority of
training the Militia according to the discipline prescribed by Congress.
Militia Use to Suppress Insurrection or Repel Invasions
Article I, Section 8, Clause 15
The Congress shall have Power *** To provide for calling forth the Militia to execute the Laws of
the Union, suppress Insurrections and repel Invasions.
Navy (Creation and Maintenance)
Article I, Section 8, Clause 13
The Congress shall have Power *** To provide and maintain a Navy.
Necessary and Proper Regulations to Effectuate Powers
Article I, Section 8, Clause 18
The Congress shall have Power *** To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other Powers vested by the Constitution in
the Government of the United States, or in any Department or Officer thereof.
Patent Regulation
Article I, Section 8, Clause 8
The Congress shall have Power *** To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the exclusive Right to their respective
Writings and Discoveries
Piracy, Crimes on the High Seas, and Offences Against Nations
Article I, Section 8, Clause 10
The Congress shall have Power *** To define and punish Piracies and Felonies committed on the
high Seas, and Offences against the Law of Nations.
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Post Offices
Article I, Section 8, Clause 7
The Congress shall have Power *** To establish Post Offices and post roads.
Presidential and Vice-Presidential Disability Regulation
Article II, Section 1, Clause 6
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to
discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President,
and the Congress may by law provide for the Case of Removal, Death, Resignation or Inability,
both of the President and Vice President declaring what Officer shall then act as President, and
such Officer shall act accordingly until the Disability be removed, or a President shall be elected.
Presidential Electors (Time of Vote Casting)
Article II, Section 1, Clause 4
The Congress may determine the Time of chusing the Electors, and the Day on which they shall
give their Votes; which Day shall be the same throughout the United States.
Presidential Electors for District of Columbia
Twenty-Third Amendment, Section 2
Section 1: The District constituting the seat of Government of the United States shall appoint in
such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and
Representatives in Congress to which the District would be entitled if it were a State, but in no
event more than the least populous State; they shall be in addition to those appointed by the
States, but they shall be considered, for the purposes of the election of President and Vice
President, to be electors appointed by a State; and they shall meet in the District and perform such
duties as provided by the twelfth article of amendment.
Section 2: The Congress shall have power to enforce this article by appropriate legislation.
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Presidential Secession Regulation
Twentieth Amendment, Section 4
**** Section 4: The Congress may by law provide for the case of the death of any of the persons
from whom the House of Representatives may choose a President whenever the right of choice
shall have devolved upon them, and for the case of the death of any of the persons from whom the
Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Presidential Vacancy and Disability Regulation
Twenty-Fifth Amendment, Section 4
Section 1: In case of the removal of the President from office or of his death or resignation, the
Vice President shall become President.
Section 2: Whenever there is a vacancy in the office of the Vice President, the President shall
nominate a Vice President who shall take office upon confirmation by a majority vote of both
Houses of Congress.
Section 3: Whenever the President transmits to the President pro tempore of the Senate and the
Speaker of the House of Representatives his written declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4:Whenever the Vice President and a majority of either the principal officers of the
executive departments or of such other body as Congress may by law provide, transmit to the
President pro tempore of the Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the
Speaker of the House of Representatives his written declaration that no inability exists, he shall
resume the powers and duties of his office unless the Vice President and a majority of either the
principle officers of the executive department or of such other body as Congress may by law
provide, transmit within four days to the President pro tempore of the Senate and the Speaker of
the House of Representatives their written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide the issue, assembling within
forty-eight hours for that purpose if not in session. If the Congress within twenty-one days after
receipt of the latter written declaration, or, if Congress is not in session within twenty-one days
after Congress is required to assemble, determines by two-thirds vote of both Houses that the
President is unable to discharge the powers and duties of his office, the Vice President shall
continue to discharge the same as Acting President; otherwise, the President shall resume the
powers and duties of his office.
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Privileges or Immunities Enforcement
Fourteenth Amendment, Section 5
Section 1: No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.
****
Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of
this article.
Property Regulation, Federal
Article IV, Section 3, Clause 2
The Congress shall have Power to dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to the United States; and nothing in this
Constitution shall be so construed as to Prejudice any Claims of the United States, or of any
particular State.
Republican Form of State Government Guarantee
Article IV, Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government,
and shall protect each of them against Invasion; and on Application of the Legislature, or of the
Executive (when the Legislature cannot be convened) against domestic Violence.
Rules of Each House (Providing for by Legislation)
Article I, Section 5, Clause 2
Each House may determine the Rules of its Proceedings, punish its Members for disorderly
Behaviour, and, with the Concurrence of two thirds, expel a Member.
Slavery, Involuntary Servitude and Racial Discrimination
Thirteenth Amendment, Section 2
Sections 1: Neither slavery nor involuntary servitude, except as a punishment for crime whereof
the party shall have been duly convicted, shall exist within the United States, or any place subject
to their jurisdiction.
Section 2: Congress shall have power to enforce this article by appropriate legislation.
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Spending Authorization
Article I, Section 8, Clause 1
The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defence and general Welfare of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the United States.
State Admission to the Union
Article IV, Section 3, Clause 1
New States may be admitted by the Congress into this Union; but no new State shall be formed or
erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two
or more States, or Parts of States, without the Consent of the Legislatures of the States concerned
was well as of the Congress.
State Imposts and Duties (Congressional Consent)
Article I, Section 10, Clause 2
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or
Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net
Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of
the Treasury of the United States; and all such Laws shall be subject to the Revision and Control
of the Congress.
State Interstate or Foreign Compacts (Congressional Consent)
Article I, Section 10, Clause 3
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships
of War in time of Peace, enter into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not
admit of delay.
States Duties (Congressional Consent)
Article I, Section 10, Clause 3
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships
of War in time of Peace, enter into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not
admit of delay.
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States Keeping Troops or Ships in Peace (Congressional Consent)
Article I, Section 10, Clause 3
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships
of War in time of Peace, enter into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not
admit of delay.
Tariffs
Article I, Section 8, Clause 1
The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defence and general Welfare of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the United States.
Taxation
Article I, Section 8, Clause 1
The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defence and general Welfare of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the United States.
Taxation (Income)
Sixteenth Amendment
The Congress shall have power to lay and collect taxes on incomes, from whatever source
derived, without apportionment among the several States, and without regard to any census or
enumeration.
Territories
Article IV, Section 3, Clause 2
The Congress shall have Power to dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to the United States; and nothing in this
Constitution shall be so construed as to Prejudice any Claims of the United States, or of any
particular State.
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Treason Punishment
Article III, Section 3, Clause 2
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason
shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Voting Age Reduction Enforcement
Twenty-Sixth Amendment, Section 2
Section 1: The right of citizens of the United States, who are eighteen years of age or older, to
vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2: The Congress shall have power to enforce this article by appropriate legislation.
Voting Discrimination Regulation
Fifteenth Amendment, Section 2
Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the
United States or by any State on account of race, color, or previous condition of servitude.
Section 2: The Congress shall have power to enforce this article by appropriate legislation.
War, Power to Declare
Article I, Section 8, Clause 11
The Congress shall have power *** To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water.
Women’s Suffrage Regulation
Nineteenth Amendment, Section 2
Section 1: The right of the citizens of the United States to vote shall not be denied or abridged by
the United States or by any State on account of sex.
Section 2: Congress shall have power to enforce this article by appropriate legislation.

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Author Contact Information

Kenneth R. Thomas
Todd B. Tatelman
Legislative Attorney
Legislative Attorney
kthomas@crs.loc.gov, 7-5006
ttatelman@crs.loc.gov, 7-4697


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