Enumerated Powers Act
picks up steam

Next month, a House Judiciary subcommittee is expected to consider a simple measure in Congress that would require all legislation to include a constitutional citation of authority.

Sponsored by Rep. John Shadegg, R-Ariz., the one-paragraph proposal's operative sentence states, "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."

Called the Enumerated Powers Act, this is the measure's fourth introduction into Congress. H.R. 175, this year's version of the proposal, currently has 26 cosponsors.

Shadegg said he introduced the measure "to continue the fight against a federal government that is too big and is involved in too many areas which are beyond its constitutional authority. The federal government can no longer ignore the 10th Amendment and run roughshod over the rights and authority the Constitution preserves to the states and to the people respectively."

When the founding fathers wrote the Constitution in 1789, they created a national government with far-reaching, but limited, powers, the congressman explained. The prevailing belief at that time was that a national government should be given specific powers, rather than general legislative power.

"Forcing the Congress to identify the constitutional authority for its actions, before it passes new laws, is an excellent way to determine where we should and should not be going forward. The simple requirement, established by H.R. 175, will encourage reflection and debate to determine whether or not legislation falls within the power of the states or the people, rather than the federal government," Shadegg concluded.