H.R. 10098 explained · 119th Congress · Pending in Congress
Restoring the Death Penalty in DC Act
Cosponsors: none · per Congress.gov, 2026-10-14
Introduced: 2026-08-13
Latest action (2026-08-13): Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
What H.R. 10098 does, in plain terms
The Congressional Research Service has not published a summary of H.R. 10098 yet. Its official title: “Restoring the Death Penalty in DC Act”.
Constitution Index
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The Framers
“Founders’ Verdict”
Confidence 0.75
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
Congress has plenary authority under Article I, Section 8, Clause 17 to legislate for the District of Columbia, including defining crimes and punishments such as the death penalty. However, the constitutionality of this bill depends on strict compliance with the Fifth Amendment's due process requirements and the Eighth Amendment's prohibition on cruel and unusual punishments, including precise definition of capital crimes, procedural safeguards, and non-arbitrary application.
The Constitution grants Congress plenary legislative authority over the District of Columbia under Article I, Section 8, Clause 17, which empowers Congress 'to exercise exclusive Legislation in all Cases whatsoever, over such District.' This power is absolute and includes the authority to define crimes and prescribe punishments, including capital punishment, within the District. The Bill of Rights, including the Eighth Amendment's prohibition on cruel and unusual punishments, does not categorically bar the death penalty, as the Constitution itself contemplates capital punishment in the Fifth A…
This bill exceeds the limited powers delegated to Congress by the Constitution. The Tenth Amendment reserves to the States or to the people all powers not expressly granted to the United States. While Congress has authority over the District of Columbia under Article I, Section 8, Clause 17, the imposition of the death penalty for crimes within the District must be strictly construed. The Eighth Amendment prohibits cruel and unusual punishments, and the death penalty, being irrevocable and subject to fallible human judgment, risks violating this protection. Moreover, the Bill of Rights, partic…
The Constitution grants Congress plenary legislative authority over the District of Columbia under Article I, Section 8, Clause 17, which empowers Congress 'to exercise exclusive Legislation in all Cases whatsoever, over such District.' This power is broad and includes the definition of crimes and punishments within the District. However, the Eighth Amendment prohibits 'cruel and unusual punishments,' and the imposition of the death penalty must be carefully confined to the most heinous offenses, consistent with due process and the principles of limited government. The bill's constitutionality…
The Constitution vests in Congress plenary legislative authority over the District of Columbia, as the seat of the national government, under Article I, Section 8, Clause 17, which grants Congress exclusive legislation in all cases whatsoever over such district. This power includes the authority to define crimes and prescribe punishments, including the death penalty, for offenses committed within the District. The Necessary and Proper Clause, Article I, Section 8, Clause 18, further empowers Congress to make all laws which shall be necessary and proper for carrying into execution its enumerate…
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What should pass
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Archived SI output (machine-generated) · No editorial review recorded
This historical draft has no editorial review time on record. Check its claims against the original bill and current law.
District of Columbia Capital Punishment for Heinous Crimes Act of 2025
Generated by VFA SI Solutions
To authorize the death penalty for certain serious crimes committed in the District of Columbia, ensuring that the most heinous offenses are subject to capital punishment while respecting constitutional safeguards.
Bipartisan rationale: Democratic priorities honored: robust due process protections (two attorneys, automatic appeal, proportionality review, exclusion of juveniles and intellectually disabled), a sunset clause to allow evaluation, and an independent oversight commission to prevent arbitrary application. Republican priorities honored: authorizing the death penalty for the most heinous crimes (murder of law enforcement, terrorism, mass murder), ensuring swift justice through clear procedures, and maintaining federal authority over D.C. crimes.
Article I, Section 8, Clause 17 Amendment V Amendment VIII Amendment XIV
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