GATE Act of 2026

This bill is a constitutional exercise of Congress's enumerated powers. Congress possesses plenary authority over naturalization and immigration under Article I, Section 8, Clause 4, and the federal government, as proprietor of National Laboratories, may regulate access to its property under Article IV, Section 3, Clause 2. The restriction on foreign nationals' admission to sensitive scientific facilities falls squarely within the federal duty to provide for the common defense, a power I argued in Federalist No. 23 must be broad and unconfined. The bill does not constitute a bill of attainder …

The Congress of the United States, under the authority vested in it by Article I, Section 8, Clause 17, possesses plenary and exclusive legislative power over federal enclaves, which lawfully extends to the National Laboratories as federal property. The regulation of admission to such facilities is a proper exercise of this proprietary authority, intended to preserve the public security and the operation of these institutions. The Tenth Amendment confirms that all powers not delegated to the Union are reserved to the States, yet this power is clearly delegated; the regulation of federal proper…

The proposed measure lies within the legislative authority of Congress to regulate federal property and to enact laws necessary and proper for the security of the United States. National Laboratories are federal establishments, and the Congress may prescribe reasonable rules for their governance and for access to them. However, the Constitution demands that legislative restrictions be grounded in the public good and not operate as arbitrary or vindictive proscriptions against a class. The phrase 'certain foreign nationals' requires a precise and principled definition, tied to demonstrable risk…

This bill rests upon the constitutional authority of Congress to regulate the conduct of federal establishments and to provide for the common defense and general welfare. The National Laboratories, being instrumentalities of the United States, are subject to the plenary legislative power of Congress. The Constitution grants to Congress the power to make all laws which shall be necessary and proper for carrying into execution its enumerated powers, and the regulation of access to federal facilities is an incident of that authority. Moreover, the right of the government to control the persons wh…