Enumerated Powers Act
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Enumerated Powers Act - Requires each Act of Congress, bill, resolution, conference report, or amendment to contain a concise explanation of the specific constitutional authority relied upon as the basis for enacting each portion of the measure.
Permits a statement of constitutionality, to the extent that a measure limits or abolishes any federal activity, spending, or power overall, to cite the 9th or the 10th Amendment to the U.S. Constitution.
Declares that invoking one or more specified parts of the following clauses in a statement of constitutionality is not sufficient to satisfy the requirements of this Act: (1) the enumerated spending clause; (2) the necessary and proper clause; or (3) the commerce clause for any purpose other than the regulation of the buying and selling of goods or services, or their transportation, across boundaries with foreign nations, across state lines, or with the Indian tribes.
Declares that failure to comply with this requirement shall give rise to a point of order in either chamber.
Read twice and referred to the Committee on Rules and Administration.
- Introduced in Senate Formatted Text PDF Formatted XML
Cite this page
U.S. Congress. (2026). S. 1404: Enumerated Powers Act. 113th Congress. Open America. https://openamerica.io/bill/113-S-1404/
"S. 1404: Enumerated Powers Act." 113th Congress, 2026, Open America, https://openamerica.io/bill/113-S-1404/.
S. 1404, 113th Cong. (2026), https://openamerica.io/bill/113-S-1404/.
[S. 1404: Enumerated Powers Act](https://openamerica.io/bill/113-S-1404/)