Stable Homes Act

Congress possesses the power to lay and collect taxes to provide for the general welfare, and the establishment of a grant program to assist local governments in devising eviction diversion measures falls squarely within that discretionary authority. Such grants are voluntary, not coercive commands; they respect the reserved powers of the states by leaving acceptance and administration to each locality. The measure is a proper exercise of the spending power, with the federal government offering resources to address a matter of public concern without arrogating to itself the internal police pow…

This bill proposes a federal grant program to direct local governments in eviction diversion, which exceeds the enumerated powers of Congress. The Constitution grants no authority over landlord-tenant relations or local housing policies to the federal government; such matters are reserved to the states and the people. The Tenth Amendment explicitly reserves all powers not delegated to the United States, and the Ninth Amendment affirms that the enumeration of certain rights shall not deny others retained by the people. Establishing such a program would create a federal influence over local prop…

This bill proposes a federal grant program to direct funds to local governments for eviction diversion, which falls under the general police power reserved to the states. The Constitution enumerates specific powers to Congress, and housing and landlord-tenant relations are not among them. The Tenth Amendment reserves such matters to the states or the people. While the spending power (Article I, Section 8, Clause 1) might be invoked, this program would effectively coerce local governments into adopting federal priorities, undermining the federal balance. In Federalist No. 45, I warned that the …

The Constitution vests in Congress the power to lay and collect taxes to provide for the general welfare of the United States. The establishment of a grant program to assist local governments in eviction diversion programs is a means plainly adapted to the legitimate end of promoting stable housing and community well-being, which falls within the general welfare. As held in McCulloch v. Maryland, where the end is legitimate and within the scope of the Constitution, all appropriate means not prohibited are constitutional. The Tenth Amendment reserves to the states powers not delegated, but here…