	House Rule XII, Clause 7(c)

		Summary of the Rule

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 "as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution." 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. Standard/Criteria for Determining Constitutional Authority

The rule 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 interpretations of the text of the Constitution; documents produced at the Constitutional Convention, such as James Madison's Notes on the Constitutional Convention of 1787 ; sources published contemporaneously with the consideration and ratification of the Constitution by the states, such as the Federalist Papers , Anti-Federalist Papers , and the ratification debates of the state legislatures; commentaries on the Constitution, such as Joseph Story's Commentaries on the Constitution of the United States or The Heritage Guide to 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; submitted statements for similar proposed legislation; and any other source that the Member believes to be relevant and authoritative. This section of the report will discuss four such broad 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. Specific Constitutional Textual Authorities

As noted above, it may be difficult to fully articulate the textual constitutional authorities which can serve as the basis for a proposed bill, as the various powers of the federal government may overlap, so that several constitutional authorities might individually suffice to authorize Congress's authority over a particular subject matter. Further, case law may have either expanded or limited the apparent reach of these authorizations. In addition, the "Necessary and Proper Clause" and other implied powers may also support the expansion of congressional authority beyond these explicit authorities in ways not easily discernible from the text. Outlined on the following pages is a list of general types of legislation and related provisions of the Constitution that might arguably provide the power to legislate on some aspects of an issue.
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 "as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution." 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.
Rule 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.
The language of the rule requires an articulation of the specific textual constitutional basis for a piece of legislation to be made "as specifically as practicable." 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's 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 "Necessary and Proper Clause" and other implied powers may also support the expansion of congressional authority beyond these explicit authorities in ways not easily discernible from the text.
This 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.