Real bill currently in Congress  c/o  HR/119/10071

8(a) Small Business Integrity and Stability Act of 2026

Policy area: Commerce ▲ 14 days since action Sponsor: Gilbert Ray Cisneros, CA-31, D → Congress.gov

Latest action (2026-08-10): Referred to the House Committee on Small Business.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Synthesis

The bill is constitutional under Congress's powers to tax and spend for the general welfare (Article I, Section 8, Clause 1), regulate interstate commerce (Article I, Section 8, Clause 3), and make all laws necessary and proper for executing those powers (Article I, Section 8, Clause 18). The 8(a) Program's classification based on social and economic disadvantage is a reasonable means to achieve a legitimate governmental objective, and the directive to the Administrator is a proper legislative instruction. The measure does not infringe on state sovereignty or violate equal protection principles inherent in the Fifth Amendment.

Hamilton YES

This bill directs the Administrator of the Small Business Administration to reinstate and extend participation in the 8(a) Program, a federal initiative to assist small businesses owned by socially and economically disadvantaged individuals. Congress possesses the constitutional authority to enact such legislation under the General Welfare Clause (Article I, Section 8, Clause 1), which empowers the federal government to tax and spend for the general welfare, and under the Commerce Clause (Article I, Section 8, Clause 3), which permits regulation of interstate commerce. The 8(a) Program promote…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Federalist No. 23
Jefferson NO

The Constitution grants to Congress only certain enumerated powers, and all else remains with the states or the people. This bill, which directs the administration to reinstate and extend participation in a preference program for certain concerns, creates an artificial privilege based on social distinctions. It is not a necessary and proper means to execute any delegated power, and it violates the fundamental republican principle that laws must be equal, not partial. Such favoritism betrays the natural equality of free citizens and erects a dependency on federal munificence, which corrupts the…

Amendment X Amendment IX Article I, Section 8
Madison YES

I find this measure consistent with the Constitution. The bill directs the Administrator of the Small Business Administration to carry out a federal program, established by Congress, for the assistance of small businesses owned by socially and economically disadvantaged individuals. This is a legitimate exercise of Congress's power to regulate interstate commerce, as such businesses are engaged in economic activity that substantially affects commerce. Additionally, the Necessary and Proper Clause authorizes Congress to enact such measures as are appropriate and plainly adapted to executing its…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Federalist No. 44 Federalist No. 45
Marshall YES

This bill directs the Administrator of the Small Business Administration to reinstate and extend participation in the 8(a) Program, a federal program designed to assist small disadvantaged businesses. Under the Commerce Clause, Congress possesses the authority to regulate activities that substantially affect interstate commerce, and the fostering of small businesses engaged in commerce falls squarely within that sphere. Furthermore, the Necessary and Proper Clause grants Congress the discretion to enact laws that are conducive to the execution of its enumerated powers, including the establishm…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

No solution yet

Daily synthesis runs at 06:00 UTC. This bill's consensus draft will appear on the next pass.

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