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Quick action on proposed rules change

Louis Jacobson
By Louis Jacobson January 1, 2011

In their Pledge to America, House Republican leaders said that if they won a majority on Election Day, they would require bills to have include a clause citing the relevant authority in the Constitution. This was widely perceived as being a key change sought by tea party activists.

House Republican leaders wasted no time making progress on this promise.

On Dec. 17, 2010 -- more than two weeks before they took the House gavel -- House Republican leaders circulated a memorandum that was designed "to provide early guidance for complying with this rule so as to minimize any disruption caused by its implementation."

The memo included the text of a proposed House rules change: "A bill or joint resolution may not be introduced unless the sponsor has 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 statement shall appear in a portion of the Record designated for that purpose and be made publicly available in electronic form by the Clerk."

It also included a suggested format for the citation, advice on how to locate the relevant portion of the Constitution and Frequently Asked Questions.


Finally, it announced four sessions for Republican aides to learn how best to comply with the new mandate. The sessions were scheduled for Dec. 20, Dec. 21, Jan. 3 and Jan. 4.

Even though the Republicans won't formally take control until the new Congress is sworn in, they've made progress on this promise. So we rate it In the Works.

Our Sources

House Republican leadership, memorandum on new constitutionality provisions, Dec. 17, 2010

Dave Weigel, "Republicans Start Teaching Members How to Obey the Constitution" (blog post on Slate.com), Dec. 20, 2010

Roll Call, "GOP Educating Members About New Constitutionality Rule," Dec. 22, 2010

E-mail interview with Brendan Buck, spokesman for incoming House Speaker John Boehner, R-Ohio