At the beginning of the 112th Congress, as part of an effort to inject more transparency into the legislative process, the House adopted a rule requiring that each bill be accompanied by a Constitutional Authority Statement.  The purpose of the rule was to expose the cavalier attitude of those members who desire to legislate ‘just because they can.’

Well, after a year of legislating under this rule, it appears that we are in serious need of accountability measures to provide some clarity and specificity to the authority statement.  Otherwise, the rule will be regarded as yet another “transparency” gimmick of Congress.

Republican congressional staffers combed through almost 3800 bills and joint resolutions that have been introduced this year, in an effort to gauge the clarity and specificity of the Constitutional Authority Statements.  For the most part, the results are pretty pathetic.  Here are some of their key findings:

After the first year of the Constitutional Authority rule, it is clear that it has failed to dissuade members from proposing frivolous legislation.  At a minimum, every authority statement should detail the specific clause and power that authorizes the legislation.  Moreover, the statement should be accompanied by a brief explanation describing the reason why there is a constitutional mandate for that particular bill.  Without further improvements, this rule is just a waste of ink and paper.