Bill Description

This bill, originally introduced by Sen. Coburn (R-OK), would require every act of Congress to contain a concise explanation of the specific constitutional authority relied upon as the basis for enacting each portion of the measure. In addition, the act specifically states that Congress cannot simply rely on the blanket assertion of the enumerated spending clause, the necessary and proper cause, and the commerce clause as the constitutional basis for legislation. Should a bill fail to comply with this requirement, the bill would create a point of order against it and allow for it to be defeated.

Liberty for All's Position

This simple piece of legislation does not pass or defeat any other legislation but is an important conversation starter and returns the focus of legislation to constitutionality. Modern Washington no longer concerns itself with the constitutionality of legislation and would sacrifice founding principles for expediency. This bill is an important first step in reversing that trend and it would help ensure that legislation is, first and foremost, constitutional before its passage. Liberty For All recognizes that the U.S. Constitution represents the supreme law of the land and forms the outermost bounds of U.S. governmental authority. While Congress and the Executive Branch consistently attempt to stretch or cross those boundaries, this bill would assist in putting a stop to such actions. It would also have the added effect of producing a more informed citizenry as everyday Americans could read the statement of authority for any bill and know why Congress believes they had the authority for its passage.

Current Status

This bill was assigned to a congressional committee on July 31, 2013, which will consider it before possibly sending it on to the House or Senate as a whole.