Mark Takano: “I realize that H.R. 45 and its rule have not been brought up for consideration, but I wish to object to the…”

“I realize that H.R. 45 and its rule have not been brought up for consideration, but I wish to object to the consideration of H.R. 45 as well as consideration of the rule governing debate on the bill because it violates rule XII, clause 7, section (c), which states, ``A bill or joint resolution may not be introduced unless the sponsor submits 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 constitutional authority statement submitted with H.R. 45, argues that Congress is granted the authority to enact this legislation because of the Tenth Amendment. The Tenth Amendment does not grant Congress the authority to act; it limits Congressional power. It states, ``The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.'' Citing the Tenth Amendment does not satisfy the rule. Experts at the Congressional Research Service agree. In a recent report, they stated, ``The Tenth Amendment is not an affirmative grant of authority to Congress; rather, it is a limitation or disability on Congress's authority to legislate.…”