Real bill currently in Congress c/o HR/119/10073
Critically Endangered Animals Conservation Act of 2026
Latest action (2026-08-10): Referred to the House Committee on Natural Resources.
The Framers
“Founders’ Verdict”
Confidence 0.50
Synthesis
The Founders are evenly divided 2-2. Hamilton and Marshall argue the bill is constitutional under the Commerce Clause (Article I, Section 8, Clause 3) and the General Welfare Clause (Article I, Section 8, Clause 1), with Marshall also citing the Necessary and Proper Clause (Article I, Section 8, Clause 18). Madison and Jefferson contend it exceeds enumerated powers and violates the Tenth Amendment, as foreign species conservation is not a delegated power.
This bill falls within the enumerated powers of Congress to regulate commerce with foreign nations and to provide for the general welfare. Article I, Section 8, Clause 3 grants Congress authority over foreign commerce, and the conservation of species abroad can be seen as a measure to protect trade interests and prevent disruptions. Additionally, the spending power under Article I, Section 8, Clause 1 allows Congress to appropriate funds for the general welfare, which includes environmental and conservation efforts that may have indirect benefits to the United States. The Federalist No. 23 emp…
This bill exceeds the enumerated powers of the federal government as defined in the Constitution. The conservation of species in foreign countries is not among the powers delegated to Congress in Article I, Section 8. The Tenth Amendment reserves such matters to the states or to the people. Furthermore, the General Welfare Clause cannot be stretched to authorize expenditures for foreign conservation, as this would undermine the principle of limited government and the strict construction of federal authority.
The proposed legislation to assist in the conservation of critically endangered species in foreign countries lacks a clear constitutional foundation. The Constitution enumerates specific powers to the federal government, and the conservation of foreign species is not among them. No provision in Article I, Section 8 grants Congress authority to regulate or fund species conservation outside the United States. The Commerce Clause cannot be extended to foreign species that are not in interstate commerce, and the Necessary and Proper Clause cannot create an independent power where none exists. The …
This bill, which seeks to assist in the conservation of critically endangered species in foreign countries, falls within the enumerated powers of Congress to regulate commerce with foreign nations and to provide for the general welfare. The Constitution grants Congress the power to regulate commerce with foreign nations (Article I, Section 8, Clause 3), and the conservation of species that may be part of international trade or have implications for the general welfare is a proper subject of such regulation. Furthermore, under the necessary and proper clause (Article I, Section 8, Clause 18), C…
What should pass
“AI Consensus Solution”
International Endangered Species Conservation Assistance Act of 2025
To provide U.S. funding and technical assistance for the conservation of critically endangered species located in foreign countries, aiming to prevent their extinction and preserve global biodiversity.
Bipartisan rationale: Honors Democratic priorities: protects critically endangered species, supports international conservation efforts, and uses a dedicated funding stream to avoid general revenue increases. Honors Republican priorities: limits federal spending to a narrow, commerce-linked surcharge, includes a sunset clause, requires measurable outcomes, prohibits land acquisition or property rights infringement, and ties assistance to direct U.S. economic and ecological interests, respecting the Tenth Amendment by not regulating states or private property without due process.
Vote-count path: ~260 House votes: 180 Democrats (environmental caucus) + 80 Republicans (commerce and fiscal conservatives); ~63 Senate votes: 50 Democrats + 13 Republicans (from oversight and trade committees).