Constitutional Authority Statements: A Quick Guide

Constitutional Authority Statements: A Quick Guide

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February 27, 2023
Constitutional Authority Statements: A Quick Guide
House Rule XII, clause 7(c), requires that all bills or joint
Considerations for Drafting a CAS
resolutions introduced in the House include a Constitutional
To help Members draft these statements, Table 1 below
Authority Statement (CAS). No statement is required for
provides a list of suggested citations that could potentially
simple or concurrent resolutions, neither of which can
be submitted in a CAS for various types of commonly
become law. A CAS identifies Congress’s constitutional
introduced legislation. It may also be helpful to consider the
authority to enact the bill or joint resolution. This In Focus
following questions before submitting a CAS:
provides background on the rule, as well as questions and
suggested citations to consider when drafting CASs.
Does the CAS cite to a specific clause of the
Constitution? While some CASs cite to an entire article or
House Rule XII, Clause 7(c)
section of the Constitution, such as “Article 1” or “Article I,
The CAS requirement was adopted as an amendment to
Section 8,” the prevailing customary practice has been to
House Rule XII on January 5, 2011, and has been
cite to a specific clause of the Constitution, such as the
incorporated in the standing rules of each subsequent
Commerce Clause found in Article I, Section 8, clause 3.
Congress. House Rule XII, clause 7(c), requires Members
To the extent a Member wishes to cite to a specific clause
to submit at the time of introduction a “statement citing as
in a CAS, Table 1 may be a helpful resource to consult. A
specifically as practicable the power or powers granted to
CAS may include more than one of these sources of
Congress in the Constitution to enact the bill or joint
constitutional authority for a bill, either because the bill as a
resolution.” A CAS is not part of a bill or joint resolution’s
whole is supported by more than one constitutional
text; instead, it “accompanie[s]” the legislation. The
provision or because different parts of the bill require
submitted CAS appears in the Congressional Record and is
Congress to exercise different authorities.
published on Congress.gov.
Does the CAS cite to a clause that affirmatively
Form of Compliance with the CAS Rule
empowers Congress to take an action? Article I, Section
While the CAS rule requires Members to provide as
9, of the Constitution (which contains limitations on the
“specifically as practicable” a statement of Congress’s
powers of the federal government) and the first 10
constitutional authority, the rule does not prescribe any
constitutional amendments (also known as the Bill of
particular format or level of detail for CASs. The House
Rights) are commonly understood as restrictions on the
Office of the Legislative Counsel suggests on its website
powers of the federal government rather than affirmative
the following citation formats:
grants of power. These provisions might help explain a
bill’s purpose (for example, supporting the freedom of
For citation to a clause or section in an article of the
speech) but alone are unlikely to establish Congress’s
original Constitution: “[clause xx of] section xx of
authority to enact legislation. In contrast, Article I, Section
article xx of the Constitution”, such as “clause 3 of
8, contains the majority of commonly cited clauses that
section 8 of article I of the Constitution”.
provide Congress the affirmative power to legislate with
respect to various subjects.
For citation to a section in an Amendment to the
Constitution: “[section xx of] Amendment xx to the
Does the CAS cite to a clause that relates to and
Constitution”, such as “section 5 of Amendment
authorizes the underlying legislation? A Member may
XIV to the Constitution”.
wish to cite to a constitutional provision that, based on
either historical understandings or judicial interpretations,
Legal Implications of a CAS
has some relationship with the subject matter of the
CASs have limited legal significance in that the CAS of a
legislation. Citations to constitutional provisions such as the
bill enacted into law is unlikely to alter a court’s view of the
General Welfare Clause and the Military Regulation
constitutionality of the legislation. The CAS is essentially a
Clause, for example, may not provide the necessary
statement by the sponsor when legislation is introduced and
authority to support all the provisions of a multifaceted bill.
is not formally part of a bill or joint resolution.
Attorneys in CRS’s American Law Division can provide
Constitutionally, it can have no legislative effect because it
advice with regard to specific CAS citations for proposed
is not subject to the approval of both houses of Congress or
legislation.
presented to the President, as is required by Article I,
Section 7. Instead, a CAS is a type of legislative history that
Does the CAS cite only to the Necessary and Proper
describes the basis proffered by the bill’s sponsor as to
Clause? To the extent that a Member wishes to cite
Congress’s power to enact the bill. CASs may be viewed as
exclusively to the Necessary and Proper Clause (Article I,
akin to a statement in the Congressional Record or a
Section 8, clause 18), it may be helpful to remember that
statement issued by the sponsor of a bill.
courts have understood the Necessary and Proper Clause to
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supplement Congress’s enumerated powers under the
functions. The Necessary and Proper Clause might be
Constitution but have not construed the clause as an
identified in a CAS in combination with an enumerated
independent source of power. Importantly, the Necessary
power identified in Table 1 as support for a piece of
and Proper Clause authorizes Congress not only to take
legislation.
action to assist in the execution of its legislative powers but
also to provide support for the execution of “all other
For more information, see CRS Report R44729,
Powers vested by this Constitution in the Government of
Constitutional Authority Statements and the Powers of
the United States,” including to assist the executive and
Congress: An Overview.
judicial branches in carrying out their constitutional
Table 1. Suggested CAS Citations for Commonly Introduced Legislation
Subject Matter of Legislation
Suggested Citation
Appropriations (i.e., legislation that sets aside a sum of money
Article I, Section 8, clause 1 (Taxing and Spending
for a specific purpose)
Clause)
Appropriations Related to the Military
Article I, Section 8, clause 1 (Taxing and Spending
Clause)
Article I, Section 8, clause 12
Article I, Section 8, clause 13
Appropriations that Place Conditions on an Expenditure (e.g., a
Article I, Section 8, clause 1(Taxing and Spending
grant to the states)
Clause);
Awards—Military Awards (e.g., Congressional Medal of Honor)
Article I, Section 8, clause 14
Awards—Non-Military Awards (e.g., Congressional Gold Medal) Article I, Section 8, clause 5
Civil Rights Legislation
Article I, Section 8, clause 3 (Commerce Clause);
Thirteenth Amendment, Section 2;
Fourteenth Amendment, Section 5;
Fifteenth Amendment, Section 2
Constitutional Amendments
Article V
Courts—Regulation of the Jurisdiction of Federal Courts
Article I, Section 8, clause 9
Courts—Procedures, Practices, and Rules of Federal Courts
Article III, Section I
Regulations with an Effect on Interstate Commerce
Article I, Section 8, clause 3 (Commerce Clause)
Election Regulations
Article I, Section 4, clause 1
Federal Lands (e.g., selling federal lands; creating rules for
Article IV, Section 3, clause 2 (Property Clause)
national parks)
Immigration—Naturalization
Article I, Section 8, clause 4
Immigration—Other than Naturalization (e.g., granting of
Article I, Section 8, clause 3 (Commerce Clause);
temporary visas to nonimmigrants, regulating the entry and
Article I, Section 8, clauses 11-16
deportation of aliens)
Internal Rules of the House
Article I, Section 5, clause 2
Intellectual Property—Patents and Copyright
Article I, Section 8, clause 8
Military Rules and Regulations (e.g., amending the Uniform Code Article I, Section 8, clause 14
of Military Justice)
Post Offices (e.g., naming post offices; creating honorary stamps) Article I, Section 8, clause 7
Taxes, Duties, Imposts, and Excises
Article I, Section 8, clause 1 (Taxing and Spending
Clause)
Taxes (Income)
Sixteenth Amendment
Source: Congressional Research Service.

IF12335
Whitney K. Novak, Legislative Attorney

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Constitutional Authority Statements: A Quick Guide

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