Families Deserve to Know Act

This bill, by requiring disclosure of information to families, falls within the ambit of Congress's power to regulate commerce among the several states and to provide for the general welfare, as it pertains to the dissemination of information that may affect familial and economic decisions. The Constitution vests in Congress the authority to enact laws that are necessary and proper for carrying into execution its enumerated powers (Article I, Section 8, Clause 18). Furthermore, the requirement of disclosure does not infringe upon any express constitutional prohibition, such as those in the Fir…

This bill, by compelling private citizens to disclose personal family information to the federal government, exceeds the enumerated powers delegated to Congress in the Constitution. The Tenth Amendment reserves to the States or the people all powers not expressly granted to the United States. No clause in Article I, Section 8 authorizes Congress to demand such disclosures from families, and the First Amendment protects the privacy of familial association from governmental intrusion. Such a measure would create a dangerous precedent for federal oversight of domestic life, which is properly left…

This bill, as described only by its title and referral to the Judiciary Committee, lacks sufficient detail to render a definitive opinion. However, I must caution that any federal legislation compelling disclosure of information must be carefully weighed against the enumerated powers of Congress under Article I, Section 8. If the act exceeds those powers—for instance, by intruding upon matters reserved to the states under the Tenth Amendment—it would be unconstitutional. Additionally, the principle of separation of powers, as discussed in Federalist No. 47, requires that such a law not encroac…

The constitutionality of this act cannot be determined from its title alone. Should Congress, in the exercise of its enumerated powers, provide for the dissemination of information to families in a manner consistent with due process and the rights reserved to the States, the act may be found constitutional. However, should it command state officers to administer federal law or deny fundamental liberties without the process that is due, it would exceed the just limits of legislative power. The necessary and proper clause empowers Congress to make all laws which shall be necessary and proper for…