THE 112TH CONGRESS TO THE RESCUE

"The Pledge to America released by House Republicans in September of this year included a commitment to 'require every bill to cite its specific constitutional authority.' To implement this proposal, the Transition Team and the elected Republican leadership are recommending a change to standing Rules of the House to require that each bill or joint resolution introduced in the House be accompanied by a statement citing the specific powers granted to Congress in the Constitution to enact the proposed law," said a memo from leadership to members of the House.

The published memo from Boehner, Majority Leader-elect Eric Cantor and others, said the new requirement for a citation of constitutionality "will apply to all bills and joint resolutions introduced in the 112th Congress – including those introduced on the first day."
The proposed text of a new paragraph in Rule XII:

"(c) A bill or joint resolution may not be introduced unless the sponsor has submitted for printing in the Congressional Record a statement citing as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution. The statement shall appear in a portion of the Record designated for that purpose and be made publicly available in electronic form by the Clerk."

Even the soon-to-be former House speaker, Pelosi, will be granted no slack.
"When a member presents a bill or joint resolution for introduction and referral (when it is dropped in the 'hopper'), the bill must be accompanied by a separate sheet of paper citing the constitutional authority to enact the proposed bill or joint resolution," the plan specifies.
Examples it provided included:

• "This bill is enacted pursuant to the power granted to Congress under Article I, Section 8, Clause 3 of the United States Constitution."
  
  
• This bill makes specific changes to existing law in a manner that returns power to the states and to the people, in accordance with Amendment X of the United States Constitution.

"It is the responsibility of the bill sponsor to determine what authorities they wish to cite and to provide that information to the Legislative Counsel staff," the memo said. "The adequacy and accuracy of the citation of constitutional authority is matter for debate in the committee and in the House. The rule simply requires that the bill be accompanied by a constitutional authority statement."
No statement? No bill, said the memo.
 
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