{ "id": "R41548", "type": "CRS Report", "typeId": "REPORTS", "number": "R41548", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 394040, "date": "2011-01-18", "retrieved": "2016-04-06T22:10:15.054180", "title": "Sources of Constitutional Authority and House Rule XII, Clause 7(c)", "summary": "On January 5, 2011, the House of Representatives adopted an amendment to House Rule XII adding a requirement to all measures introduced in the House of Representatives that are intended to become law. Specifically, Rule XII, 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 \u201cas specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution.\u201d 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.\nRule XII, clause 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.\nThe language of the rule requires an articulation of the specific textual constitutional basis for a piece of legislation to be made \u201cas specifically as practicable.\u201d 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\u2019s 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 \u201cNecessary and Proper Clause\u201d and other implied powers may also support the expansion of congressional authority beyond these explicit authorities in ways not easily discernible from the text.\nThis 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.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41548", "sha1": "bbe3e669c8831a66c358082762c9dd2b9a6c758e", "filename": "files/20110118_R41548_bbe3e669c8831a66c358082762c9dd2b9a6c758e.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41548", "sha1": "8ff82a711b475f34203d1f7fcc29c6be65c9a2bc", "filename": "files/20110118_R41548_8ff82a711b475f34203d1f7fcc29c6be65c9a2bc.pdf", "images": null } ], "topics": [ { "source": "CongOpsList", "id": 4136, "name": "Bills and Resolutions: Origins and Introduction" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc811770/", "id": "R41548_2011Jan06", "date": "2011-01-06", "retrieved": "2016-03-19T13:57:26", "title": "Sources of Constitutional Authority and House Rule VII, Clause 7(c)", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110106_R41548_27267991798bca60b3f8b9871be0df5cb959b00d.pdf" }, { "format": "HTML", "filename": "files/20110106_R41548_27267991798bca60b3f8b9871be0df5cb959b00d.html" } ], "topics": [] } ], "topics": [ "American Law", "Appropriations", "Constitutional Questions" ] }