House: 65% of bills could not point to a specific enumerated power

“The Preamble to the Constitution has the following injunction …to ensure domestic tranquility … This is the purpose of this bill,” Rep. Dennis Kucinich’s compliance statement per House Rule XII on the constitutionality of his bill to create a Department of Peace.

A return to constitutionality was supposed to be a hallmark of the 2010 election. Part of the GOP’s Pledge to America read, “We will require each bill moving through Congress to include a clause citing the specific constitutional authority upon which the bill is justified.” Republicans took over the House with considerable help from the Tea Party and other constitutional conservatives. How has Congress fared in delivering on its promise to comply with the Constitution?

Not well, according to a new report prepared by Constituting America. Janine Turner and Cathy Gillespi founded Constituting America to reach, educate, and inform Americans about the U.S. Constitution. They used an analysis by the Republican Study Committee, which had tallied the Constitutional Authority Statements for every bill and joint resolution that have been introduced this Congress. The Constituting America white paper shows that despite some good intentions, Congress has not made constitutional compliance foremost in proposing legislation.

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