Real bill currently in Congress  c/o  HR/119/10121

To obtain and direct the placement in the Capitol or on the Capitol Grounds of a statue to honor American humanitarian and star athlete Roberto Clemente of Puerto Rico.

Policy area: Sports and Recreation ▲ 15 days since action Sponsor: Gus M. Bilirakis, FL-12, R → Congress.gov

Latest action (2026-08-20): Referred to the House Committee on House Administration.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Synthesis

Congress has constitutional authority to authorize the placement of a statue on Capitol grounds under its plenary power over the Seat of Government (Article I, Section 8, Clause 17) and federal property (Article IV, Section 3, Clause 2), supported by the Necessary and Proper Clause (Article I, Section 8, Clause 18). This is a permissible exercise of legislative discretion for commemorative purposes, consistent with Federalist Nos. 32 and 43.

Hamilton YES

The Constitution grants Congress the exclusive authority to legislate for the Seat of Government, which includes the Capitol and its grounds, under Article I, Section 8, Clause 17. This power is plenary and encompasses the discretion to authorize the placement of statues. Additionally, the Necessary and Proper Clause (Article I, Section 8, Clause 18) supports Congress's authority to take such actions as are appropriate to effectuate its enumerated powers. The erection of a statue honoring a distinguished individual falls within the scope of Congress's legislative prerogative over the federal e…

Article I, Section 8, Clause 17 Article I, Section 8, Clause 18 Federalist No. 32
Jefferson NO

The Constitution enumerates a limited set of powers to the federal government, and among these is not the authority to commission or place statues honoring private citizens, however deserving. The power to erect or direct the placement of a statue on Capitol grounds exceeds the delegated powers of Congress, as it is not necessary for executing any specifically enumerated function. Such an act would improperly assume a general police power over the seat of government for purposes of commemoration, which is better left to the states or to private associations. The Tenth Amendment reserves all po…

Amendment X Article I, Section 8, Clause 17
Madison YES

The Constitution vests Congress with full and exclusive legislative authority over the Capitol and its grounds. While no explicit provision authorizes the erection of statues, such commemorative acts fall within the implied powers necessary to manage and adorn the seat of government. The placement of a statue does not exceed the enumerated powers of Congress, as it is incident to the control of the federal district and the general welfare of the nation. The bill does not infringe upon the rights of states or individuals, nor does it involve any prohibited subject. Therefore, it is a proper exe…

Article I, Section 8, Clause 18 (necessary and proper clause) Federalist No. 43 (on the exclusive legislation over the federal district)
Marshall YES

The Constitution vests in Congress the power to regulate the property of the United States, including the Capitol and its grounds, under Article IV, Section 3, Clause 2. This power is plenary and extends to the placement of statues that honor individuals of national significance. The proposed statue honors Roberto Clemente, a figure whose humanitarian and athletic achievements reflect values that contribute to the general welfare, a purpose consistent with the necessary and proper clause of Article I, Section 8, Clause 18. As established in McCulloch v. Maryland, Congress possesses broad discr…

Article IV, Section 3, Clause 2 Article I, Section 8, Clause 18 McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

No solution yet

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