This is the Cato Daily Podcast for Friday, January 7, 2011. I'm Caleb Brown. Legislation

offered in the U.S. House will now carry a reference to the specific authority

granted in the Constitution.

It's symbolic, yes, but it may make legislating more tricky

and push constitutional interpretation closer to the heart of political debate.

Ilia Shapiro, editor of the Cato Supreme Court review, comments.

If it makes even half a dozen, you know, just several lawmakers think about the constitutional basis for their

power.

I think it's a useful exercise because we've gone so far from the days of the 19th century where all congressional debates were over

whether a particular piece of legislation was constitutional to the Nancy Pelosi,

Are you serious when somebody brings a constitutional concern to a pending bill.

So ultimately Congress will vote on the bills and they will consider whether they're

constitutional or not as they vote.

This isn't a definitive court ruling or anything

like that, but it's useful to force congressmen and senators to exactly think

where they're drawing their power, in the Constitution what the Constitution

actually means and I don't think it's theatrical they all employ these big

staffs including lawyers you know they should be able to take a look and it what's

so it's instructive about the memo that went out from the

the new leadership of the house to all members is in their resources of who to

turn to or to look at were named.

So I'm happy to, if any of the lawmakers staffs are listening to this, please give me a call.

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