Congressman Introduces Enumerated Powers Act
WorldNetDaily is reporting that Rep. John Shadegg (R-AZ) has introduced HR450, the Enumerated Powers Act, sporting 19 co-sponsors to date (04/09/09). The Act would do the following:
Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Declares that failure to comply with this requirement shall give rise to a point of order in either chamber of Congress.
The report goes on (with reference to Rep. Shadegg’s press release):
As a reminder of the federal government’s limited powers, 20 representatives want to ensure that every single piece of legislation passing through Congress includes a statement citing specific constitutional authority for enacting it. …
When he introduced the proposal Jan. 9, Shadegg gave a House floor speech reminding his colleagues of limited authority granted in the 10th Amendment of the United States Constitution.
It states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
“What that means is that the Founding Fathers intended our national government to be a limited government, a government of limited powers that cannot expand its legislative authority into areas reserved to the states or to the people,” Shadegg said. “As the final amendment in the 10 Bill of Rights, it is clear that the Constitution establishes a Federal Government of specifically enumerated and limited powers.”
For that reason, Shadegg said he has introduced the Enumerated Powers Act each year that he’s been in Congress.
“This measure would enforce a constant and ongoing re-examination of the role of our national government,” he said. “… It is simply intended to require a scrutiny that we should look at what we enact and that, by doing so, we can slow the growth and reach of the Federal Government, and leave to the states or the people, those functions that were reserved to them by the Constitution.”
Shadegg said the act would perform three important functions:
1. It would encourage members of Congress to consider whether their proposed legislation belongs in the federal level in the allocation of powers or whether it belongs with the states or the people.
2. It would force lawmakers to include statements explaining by what authority they are acting.
3. It would give the U.S. Supreme Court the ability to scrutinize constitutional justification for every piece of legislation. If the justification does not hold up, the courts and the people could hold Congress accountable and eliminate acts that reach beyond the scope of the Constitution.
He said the Founding Fathers granted specific, limited powers to the national government to protect the people’s freedom.
“As a result, the Constitution gives the Federal Government only 18 specific enumerated powers, just 18 powers,” Shadegg noted.
Beginning with President Franklin Roosevelt’s New Deal, he said, Congress has ignored the 10th Amendment and greatly expanded federal government.
“Let me be clear,” he said. “Virtually all the measures which go beyond the scope of the powers granted to the Federal Government by the 10th amendment are well-intentioned. But unfortunately, many of them are not authorized by the Constitution. The Federal Government has ignored the Constitution and expanded its authority into every aspect of human conduct, and quite sadly, it is not doing many of those things very well.”
While many believe government “can do anything,” that is not what the Founding Fathers intended for the nation, Shadegg contends.
WND columnist Henry Lamb has been urging voters to contact representatives and ask directly if they will co-sponsor and vote for the Enumerated Powers Act, or explain why not – in writing.
The legislation has 19 co-sponsors – all Republicans.
Lamb suggested the act become the theme song of the tea parties taking place around the nation.
“Nothing short of massive public pressure will force congressmen to take a position on this important bill.” Lamb wrote. “Nothing short of a return to the Constitution can save this great nation.”
Rep. Louise Slaughter, D-N.Y., chairs the House Rules Committee, and Rep. John Conyers, D-Mich., chairs the House Judiciary Committee – where the act was referred Jan. 9 and remains today.
“Both of these committee chairs should be bombarded with phone calls and e-mails asking that H.R. 450 be brought to the House floor for a recorded vote,” Lamb wrote.
Shadegg said the federal government has acted too long without constitutional restraint and has blatantly ignored principles of federalism.
He urged his colleagues to join him in “supporting a review and a criticism and an evaluation of the proper role of the Federal Government in order to empower the American people and to distribute power as the Constitution contemplated it.”
There are similiarly a number of initiatives occurring at the State level with respect to State sovereignty. In fact, on Thursday, Texas Gov. Rick Perry threw his full support behind the 10th Amendment push.
-Phil
shotgun00 wrote:
“I contacted both my state senators if they would sponser this bill and if not why.”
You might have better luck if you were to write to your Congressman, since H.R. 450 was introduced in the House, not the Senate. Rep. Brian Bilbray of California’s 50th District is a co-sponsor.
Another initiative that the SCOTUS will have to adjudicate
un real(ty) check writes
Congress is not in any mood to voluntarily limit its power after George Bush’s signing statements and executive orders
you mean oBAMa not bush, get the president correct ok?
you further mean Democratic party controlled Congress
get the party correct ok?
then we all know where your reality really lies…doh !
I contacted both my state senators if they would sponser this bill and if not why. Here was my answer
Thank you for taking the time to write and share your views with me. Your comments will help me continue to represent you and other Californians to the best of my ability. Be assured that I will keep your views in mind as the Senate considers legislation on this or similar issues.
If you would like additional information about my work in the U.S. Senate, I invite you to visit my website, http://boxer.senate.gov. From this site, you can access my statements and press releases about current events and pending legislation, request copies of legislation and government reports, and receive detailed information about the many services that I am privileged to provide for my constituents. You may also wish to visit http://thomas.loc.gov to track current and past federal legislation.
Again, thank you for sharing your thoughts with me. I appreciate hearing from you.
Barbara Boxer
United States Senator
Please visit my website at http://boxer.senate.gov
Page 21 of the ruling: “Franken received the higher number of votes legally cast in the race for US Senate in Minnesota on November 4, 2008″ and “Franken is entitled to receive a certificate of election”
Yes, Coleman can appeal, but he might not, and the MN Supreme Court could accept or deny the appeal. All true, but the clock is running out for Coleman. The election contest court was unanimous in striking down Coleman’s silly “equal protection” argument and refuted it point by point. They also noted that the more votes that were counted the more votes Al Franken received so what’s the point of counting more.
Read the entire ruling here: http://dl-client.getdropbox.com/u/60825/COLEMANvFRANKENfinalfindingsoffact.pdf
I think the lawyers will tell Coleman his chances of winning any appeal are only marginally above zero.
Reality Check,
I don’t see the Minnesota SoS handing Mr. Franken a certification yet, and, in fact, won’t be doing so until after the State Supreme Court weighs in.
-Phil
Let me be the first to congratulate Minnesota on your new Senator, Al Franken! Norm Coleman not only lost the election contest trial unanimously he received the consolation prize and he gets to pay for all costs including Al Franken’s legal fees.
Check out the latest report on “Right-Wing Extremists” (people who want the CONSTITUTION enforced) by DHS.Pamela Geller’s Atlas Shrugged blog lays it out.I guess this is in response to the tea parties.I hope people attend wearing t-shirts identifying themselves as Pro-Militia,Right-Wing extremists ,NWO believers sprinkled with Christian Nation t-shirts.I noticed that in the DHS “domestic terrorist” report that NWO believers were also anti-semites as the players are all deemed Jewish.I see this as an attempt to pit Jews and Christians.The globalists have been good at this so far.
Phil,
Here are the actual Bills:
SB 1175 AN ACT
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/bills/sb1175p.htm
SB 1159 AN ACT
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/bills/sb1159p.htm
magna carta,
“Enumerated powers” are powers given to the federal government by the terms of the U.S. Constitution” and a name given to Article 1, section 8 as to the powers of Congress.
http://www.answers.com/topic/article-i-of-the-u-s-constitution
“The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which iterates the authority granted to the United States Congress. Congress may exercise only those powers that are granted to it by the Constitution, limited by the Bill of Rights and the other protections found in the Constitutional text.”
http://www.answers.com/topic/enumerated-powers
The states make laws and/or concurrent resolutions of their own and/or relating to federal laws and especially relating to ’state sovereignty’ now. (seems Mr. Obama wants to change the immigration federal laws)
Here is what Arizona is currently doing ($5,000.00 each day fine)!
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/bills/scr1010p.htm
This certainly helps ‘Sheriffjoe’ Arpaio in his struggle to uphold the law as the quote is “It’s a Crime”. An opponent to ‘America’s Toughest Sheriff’ is the Phoenix mayor who is one of those progressive types opposing the sheriff’s measures in gathering the illegal aliens.
-Phil, this may be a good one for your ’states initiatives’.
??????????,
The only thing that SCOTUS can do is hear cases specifically brought to it. It does not have the “energy” to bring cases unto itself to be heard.
-Phil
You just got to love these socialists and Marxists and their oxymoron names that they choose to use on the Next like
Reality what ever
Truth
etc
It would be like Lebron James using an internet name like “Chessmaster”
A very nice symbolic effort, but would Congressional representatives want to pass a law that will restrict their ability to enact new laws to increase the size of the Federal government and their power?
Constitutionalists would, but other than that I doubt that even central sitting Republicans would support this and certainly not Democrats of any ilk.
People though should contact their respresentatives just to annoy them with this.
TO :Reality check : YOU need a “check up, from the neck up”.
Government has gone beyond their power’s. People are
finally being aware of Government take over, and are starting
to get pissed off.
Do you remember when Japan said, “We have AWOKEN A SLEEPING GIANT”.
You know dam well that Obama/Soetoro is NOT a natural born citizen, otherwise you would be jamming in our face 24/7 that he
does meet Article II, sect. I, clause 5 of our Constitution.
WHO do you think you’re kidding. It’s lawless fool’s like you
that are underminding our Country and what we stand for.
Show me Obama/Soetoro’s TRUE CREDENTIAL’S. It’s quite obvious
that you CANNOT. At least Shadegg is looking out for OUR BEST INTEREST. WAKE UP! ………….Dan. NY
Is there any way for states to use “enumerated powers” to stop the forcefed amnesty/disasterous population growth upon them?
[...] Sign That There May Be Some Sanity Left In The Congress Congressman Introduces Enumerated Powers Act "Rep. John Shadegg (R-AZ) has introduced HR450, the Enumerated Powers Act, sporting 19 [...]
Shadegg says: “It would give the U.S. Supreme Court the ability to scrutinize constitutional justification for every piece of legislation. If the justification does not hold up, the courts and the people could hold Congress accountable and eliminate acts that reach beyond the scope of the Constitution.”
I thought SCOTUS already has the responsibility of scrutinizing legislation; I guess not. This is a very, very important issue and I would recommend the Grand Juries address this as well as the presidential eligibility issue. I would think that Congress could be held responsible for writing laws contrary to the U.S. Constitution and could be held responsible with or without the bill. However, “We The People” should be vigorously pursuing this issue and hold these congressmen and the president accountable.
Reality Check,
In case you missed it from above:
“What that means is that the Founding Fathers intended our national government to be a limited government, a government of limited powers that cannot expand its legislative authority into areas reserved to the states or to the people,” Shadegg said. “As the final amendment in the 10 Bill of Rights, it is clear that the Constitution establishes a Federal Government of specifically enumerated and limited powers.”
For that reason, Shadegg said he has introduced the Enumerated Powers Act each year that he’s been in Congress.
So, it looks like he does his job in representing the interests of his constituents. You have a problem with that?
Phil says:
April 11, 2009 at 10:57 am
Reality Check,
I suppose it falls to me to pass along the reality once again. It is spring and time for the Shadegg Enumerated Powers Act.
Calling this news is stretching it. John Shadegg has introduced the same bill every year since 1995. Yes, that is 15 times and 15 times it has gotten nowhere. It will go nowhere again this year. Congress is not in any mood to voluntarily limit its power after 8 years of George Bush’s signing statements and executive orders.
Move along because there is nothing to see here.
While your sarcasm and self-importance truly do know no bounds, it’s not like the re-introduction wasn’t stated in the posting.
-Phil
*********************************************************************************
Phil—-And as we know….most people are probably hearing about this for the first time….I don’t care how many times this bill has been brought to the forefront….we all know how the MSM operates!!!!
By the way R Check…….you might want to investigate the USURPER’S signing of executive orders…he has been in office only 3 months and signed 18 EO’s so far….his predecessor signed a total of 284 over eight years…and Clinton signed 364….so needless to say if the IMPOSTER continued on this path…over an 8 year period he would have signed over 500 EO’s!!!!!!!
If you don’t read the newspaper you are uninformed, if you do read
the newspaper you are misinformed. ~ Mark Twain
Correction… Franklin was referred to in the previous comment… the individual named should’ve been ‘HAMILTON’ who debated issues on this topic in 1791;
Hamilton’s Opinion as to the Constitutionality of the Bank of the United States : 1791
Reality Check,
While your sarcasm and self-importance truly do know no bounds, it’s not like the re-introduction wasn’t stated in the posting.
-Phil
I would like each member of the House and Senate who takes the above oath to explain why they wouldn’t vote for bill HR450.
There should be no need for this bill, yet since there is one it should receive a unanimous vote in both houses.
It is beyond my understanding how a person elected to the FEDs for the purpose of representing the ‘STATES” interest at the Federal level can bind the state to some kind of rule passed by the Feds, and without concurrence of the states’ legislatures.
I don’t believe that any Fed representative can represent a state, as a states citizen, to bind the state in a Fed policy not amenable to the states’ legislatures.
Furthermore, in a debate over creating a government bank, ‘Franklin’ argued in the Fed Congress about states rights and sovereignty vs the Feds rights and sovereignty, while in the process of creating a corporate ‘artificial person’, wherein the rights of the artificial person to intervene in the natural person’s electoral process where not clearly defined.
To eliminate the corporations from INTERFERING with the “NATURAL PERSONS” a.k.a. known as the electorate the phrase ‘artificial person’ needs to be challenged and ruled on as “incapable of pursuing any activity involving the “electorates” “RIGHTS”.
The RIGHTS of the people; the “NATURAL PERSONS”, a.k.a. the electorate VS the ‘artificial person’, a.k.a “corporation” was heard at SCOTUS a long while ago. The court hearing was during the time that the ‘railroad’ interest where ripping the U.S.A. off by running un-necessary rail lines everywhere and anywhere for the purpose of gaining FREE land grants in and around their railroad tracks wherever the tracks were put in place.
The SCOTUS justices played the political links game for the railroads and never did properly define the inability of the corporations to engage in the “electorates’ activities to select their representatives. A SCOTUS court clerk actually wrote the court’s decision as he (the court clerk) decided what the court stated with regard to the interference of the ‘artifical person’s’ interference in the electorates ‘RIGHTS’.
Now it is required to have the ‘persons’ issue taken back to ‘SCOTUS’ to have the “artificial person” ordered to refrain from INTERFERING with the NATURAL PERSONS’ “RIGHTS”. I might add that any officers or any corporation that interferes with the “natural persons’ RIGHTS be jailed for no less than 20 years and on bread and water provided once a day be charitable organizations and not the state’s penal system.
A step in the right direction.
I suppose it falls to me to pass along the reality once again. It is spring and time for the Shadegg Enumerated Powers Act.
Calling this news is stretching it. John Shadegg has introduced the same bill every year since 1995. Yes, that is 15 times and 15 times it has gotten nowhere. It will go nowhere again this year. Congress is not in any mood to voluntarily limit its power after 8 years of George Bush’s signing statements and executive orders.
Move along because there is nothing to see here.