Hanah Metchis Volokh, Constitutional Authority Statements in Congress

65 Fla. L. Rev. 173 (2013) |

Prof. Volokh

Prof. Volokh

Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article I, Section 8, Clause 2 of the United States Constitution.

Congress has the power to enact this legislation pursuant to the following: The Katie Sepich Enhanced DNA Collection Act is constitutionally authorized under Article I, Section 8, Clause 18, the Necessary and Proper Clause. The Necessary and Proper Clause supports the expansion of congressional authority beyond the explicit authorities that are directly discernible from the text. Additionally, the Preamble to the Constitution provides support of the authority to enact legislation to promote the General Welfare.

Congress has the power to enact this legislation pursuant to the following: . . . Congress is within its constitutionally prescribed role to direct the Environmental Protection Agency, a body which regulates interstate commerce under the auspices of Congress, to appoint a member of the Science Advisory Board based on the recommendation of the Secretary of Agriculture.

Statements like the ones quoted here are suddenly flowing through Congress at the rate of several hundred per month. For the first time in history, members of the House of Representatives who introduce a bill must provide a statement explaining which clause of the Constitution gives Congress the authority to enact that bill into law. Constitutional authority statements (CASs) offer a window into how members of Congress think about the Constitution—which often differs starkly from the judiciary‘s approach.

This entry was posted in Constitutional Law, Governments and Legislation. Bookmark the permalink.