KEYSTONE UPDATE: Congressional Research Service Report: Congress Can Require Keystone Pipeline Approval.

Capitol Hill lawmakers probably have the Constitution at their back if they require a permit for the Keystone XL oil sands pipeline that President Obama rejected days ago, according to the nonpartisan Congressional Research Service.

Republicans are mulling bills that require approval of Keystone XL, which would bring oil sands crude from Alberta to Gulf Coast refineries.

The Jan. 20 CRS legal analysis notes that while the executive branch has historically handled the approval of border-crossing facilities, it doesn’t have to be that way. “[I]f Congress chose to assert its authority in the area of border crossing facilities, this would likely be considered within its Constitutionally enumerated authority to regulate foreign commerce,” the analysis states.

Republicans are highly unlikely to have enough political support to win Senate passage of bills that require a permit, let alone Obama’s signature. But the CRS analysis may buoy Republicans rallying around the bills to attack Obama’s Jan. 18 denial of TransCanada Corp.’s permit application.

This seems like a no-lose issue for the GOP.