Republicans in the 112th Congress, under the leadership of House Speaker John Boehner, had a good idea whose time had come. When they convened last January, House Rule XII was amended by adding clause 7(c):
“A bill or joint resolution may not be introduced unless the sponsor 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 crux of this amendment was that any representative who put a bill in the hopper had to prove from which Article, Section and Clause of the United States Constitution it received its justification.
Hence, no longer would a bill be considered, or reach the house floor, unless it was constitutional, yes? No. House Rule XII, Section 7(c) has proven to be a good idea in need of better execution.
Constituting America, the non-profit foundation with which I am associated and which is focused on Constitutional awareness, published a report released last week on implementation of House Rule XII, Section 7(c), entitled “Constitutional Authority Statements: In Defense of House Rule XII.” It is available at http://www.constitutingamerica.org
The report finds that many representatives sought due diligence and applied thorough justifications, while others listed seemingly deliberate nonsensical rationales.
"After a year, it's all too clear why the rule has become necessary, and that some (House) members should become more acquainted with the Constitution they have sworn to uphold," said Horace Cooper, who co-authored the report with Nathaniel Stewart.
A total of 3,865 Constitutional Authority Statements were submitted in 2011, with 660 of them simply referencing broad clauses that were not applicable, including the Preamble, which is simply an overview of the Constitution and not law.
A stunning 732 bills cited Article I, Section 8, Clause 3 – often referred to as the “Commerce Clause” - as their constitutional justification. Case is point: Rep. Bill Pascrell, D-NJ, used the Commerce Clause when he proposed a bill to “encourage and ensure the use of safe football helmets…”
It is a misnomer to insinuate that “use of safe football helmets” fall under the same category as regulating interstate commerce.
Many representatives listed “justifications,” that were not valid, yet no method of operation was put into place to oversee such slights. The intentions behind House Rule XII, Section 7(c) were good but, without accountability, members have no incentive to take it seriously.
The dismal public approval ratings of Congress reflect that Americans are tired of good ideas that wither on the vine. Empty campaign promises and elusive governing sound bites are jeopardizing the Republic. Americans want action. Americans want responsible governing.
There is no better place to start than with House Rule XII, Section 7(c), which requests a viable Constitutional rationale behind the bills a representative puts forth.
Execution, however, is the key. Suggestions made by Constituting America’s report include:
*Allowing the Clerk to indicate if an Authority Statement does not satisfy the Rule’s specificity requirement,
*Making sure that, at each step in the legislative process, the bill and its Authority Statement is attached and immediately available to House members
*Address the problem of attempts to amend an existing law that a House member believes to have been enacted without constitutional authority.
It is ironic that a rule has to be put in place to make sure that those who are sworn to preserve, protect and defend the United States Constitution govern by the laws of such. It is disgraceful, and ultimately dangerous, that many still do not.
It is the responsibility of the House to maintain an adherence to its own rules. The House Rule XII, Section 7(c) was a good idea whose time had come. Now, it is time that it be executed.
Examiner contributor Janine Turner is a longtime actress and talk radio show host on KLIF in Dallas. She appears frequently on Friday editions of Fox News' "O'Reily Factor."
