H.R. 450: Enumerated Powers Act

HR 450 IH

111th CONGRESS

1st Session

H. R. 450

To require Congress to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 9, 2009

Mr. SHADEGG introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To require Congress to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Enumerated Powers Act’.

SEC. 2. SPECIFICATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT OF LAW.

(a) Constitutional Authority for This Act- This Act is enacted pursuant to the power granted Congress under article I, section 8, clause 18, of the United States Constitution and the power granted to each House of Congress under article I, section 5, clause 2, of the United States Constitution.

(b) Constitutional Authority Statement Required- Chapter 2 of title 1, United States Code, is amended by inserting after section 102 the following new section:

‘Sec. 102a. Constitutional authority clause

‘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.’

(c) Clerical Amendment- The table of sections at the beginning of chapter 2 of title 1, United States Code, is amended by inserting after the item relating to section 102 the following new item:

‘102a. Constitutional authority clause.’.

H.R.3569 - Sunset All Czars Act (SAC ACT)

HR 3569 IHCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3569CommentsClose CommentsPermalink

To provide a sunset date for all presidentially appointed czars, to require Senate confirmation of those positions, and to provide that appropriated funds may not be used to pay for any salaries and expenses associated with those positions.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 15, 2009CommentsClose CommentsPermalink

Mr. SCALISE introduced the following bill; which was referred to the Committee on Oversight and Government ReformCommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To provide a sunset date for all presidentially appointed czars, to require Senate confirmation of those positions, and to provide that appropriated funds may not be used to pay for any salaries and expenses associated with those positions.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Sunset All Czars Act’ or the ‘SAC Act’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink




(1) CZAR- The term ‘Czar’ means a head of any task force, council, or similar office established by or at the direction of the President who--CommentsClose CommentsPermalink




(A) is appointed to such position (other than on an interim basis) without the advice and consent of the Senate;CommentsClose CommentsPermalink




(B) is excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character;CommentsClose CommentsPermalink




(C) performs or delegates functions which (but for the establishment of such task force, council, or similar office) would be performed or delegated by an individual in a position that the President appoints by and with the advice and consent of the Senate; andCommentsClose CommentsPermalink




(D) does not have an existing removal date established at the direction of the President or through an authorization of Congress.CommentsClose CommentsPermalink




(2) COMPETITIVE SERVICE- The term ‘competitive service’ has the same meaning as is given such term in section 2102 of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 3. LIMITATION.

Appropriated funds may not be used to pay for any salaries or expenses of any task force, council, or similar office--CommentsClose CommentsPermalink




(1) that is established by or at the direction of the President; andCommentsClose CommentsPermalink




(2) the head of which is a Czar.CommentsClose CommentsPermalink

SEC. 4. REMOVAL.

Not later than December 31, 2009, any Czar who is not appointed by a former President or the incumbent President, by and with the advice and consent of the Senate, shall be removed from its appointed position.

H. Con. Res. 185 (Presidential Czars)

HCON 185 IH

111th CONGRESS

1st Session

H. CON. RES. 185

Expressing the sense of Congress that the President should issue, and Congress should hold hearings on, a report and a certification regarding the responsibilities, authorities, and powers of his ‘czars’.

IN THE HOUSE OF REPRESENTATIVES

September 15, 2009

CONCURRENT RESOLUTION

Expressing the sense of Congress that the President should issue, and Congress should hold hearings on, a report and a certification regarding the responsibilities, authorities, and powers of his ‘czars’.

Whereas Congress recognizes that the Constitution vests in the executive branch the power to appoint Presidential advisers whose communications to the President are protected under executive privilege;

Whereas Congress recognizes the importance of coordinating executive agencies, and recognizes that Presidents often appoint special assistants, commonly referred to as ‘czars’, to manage this coordination with regard to important areas of national policy, and to advise the President;

Whereas at least 36 czars have been appointed in 2009, raising concerns about the Federal government’s provision of adequate transparency and accountability to the public; and

Whereas members of Congress are concerned that the appointment of these czars and their actions may subvert the legislative and oversight authority of Congress under article I of the Constitution: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that--

(1) the President should--

(A) issue a report to Congress clearly outlining the responsibilities, qualifications, and authorities of the special assistants to the President, commonly referred to as ‘czars’, that he has appointed; and

(B) certify to Congress that such czars have not asserted and will not in the future assert any powers other than those granted by statute to a commissioned officer on the President’s staff; and

(2) Congress should hold hearings on such report and such certification within 30 days after the date of their receipt.

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This goes under BAD BILLS because it lies...

"Whereas Congress recognizes that the Constitution vests in the executive branch the power to appoint Presidential advisers whose communications to the President are protected under executive privilege;"

WRONG!

Constitution
Article II, Section 2
"The President... may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices..."

"he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law..."

The Constitution commands that government officers with significant authority (called “principal officers”) are nominated by the president but then are subject to a confirmation vote by the U.S. Senate.

Czars are = to principle officer and MUST have the approval of the Senate!

Principal officers include not only cabinet-level department heads, but go five levels deep in executive appointments, to include assistant secretaries and deputy undersecretaries.

By appointing these "czars" Obama (and those who did so before him) violated both the constitutional system of checks and balances and the constitutional separation of powers, and it is a clear attempt to evade congressional oversight.

Yes, it's hypocritical of the either party to "throw a fit" because it's been done in the past, however it is never too late to right a wrong, especially one that is Unconstitutional. Also, the people, not just Republican people, are starting to wake up to the fact that for many years our Gov. has been moving further away from it's Constitutional REPUBLIC and slipping into an ever "uglier" collectivist (gov. control) state/nation, and they are starting to make it known that they don't lke it and are tired of it. When you put politicians on a scale of right or left by anything except whether they are for more government control/over-site or less you make a grave error. All collectivist ideology, whether it be communist, socialist, fascist, etc. are on one side (left) and the opposite, anarchy, is on the other (far-right)... our Republic started out in the middle (or just right of the middle, if you prefer) and has been moving left towards the collectivist side every since.

We have let the courts become despotic, by allowing them to interpret the Constitution without doing their job of looking at all the documents... what the founders and framers meant and intended.

H. Con. Res. 185
" Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that--

(1) the President should--

(A) issue a report to Congress clearly outlining the responsibilities, qualifications, and authorities of the special assistants to the President, commonly referred to as ‘czars’, that he has appointed; and

(B) certify to Congress that such czars have not asserted and will not in the future assert any powers other than those granted by statute to a commissioned officer on the President’s staff; and"

WRONG!

(A) Allow all czars now appointed, and any to be chosen in the future, to be vetted and approved by 2/3 of the Senate.

(B) Czars not approved by the senate shall be replaced by senate approved persons upon being vetted.

(C) Suspend all monies to and for those not approved by the senate immediately.