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Year After Year After Year

January 15, 2009 - by Donny Shaw

Rep. John Shadegg (R-AZ) has introduced the Enumerated Powers Act in every session of Congress since 1995, even though it has never made it out of committee. Needless to say, it’s back again in the 111th. Here’s what it would require:

>“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. The failure to comply with this section shall give rise to a point of order in either House of Congress. The availability of this point of order does not affect any other available relief.”

Congress’s 18 enumerated powers are spelled out in Article 1, Section 8 of the Constitution and clarified by the 10th amendment, which reads, “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people.”

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