Real bill currently in Congress  c/o  HR/119/10137

No Insider Trading on National Security Act of 2026

Policy area: Armed Forces and National Security ▲ 15 days since action Sponsor: George Whitesides, CA-27, D → Congress.gov

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

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 1.00

Synthesis

All four founders agree that the bill is constitutional. It is a proper exercise of Congress's oversight power, derived from its enumerated powers to raise and support armies, regulate the military, and the Necessary and Proper Clause, as well as the inherent legislative authority to investigate executive actions. The requirement for the Inspector General to report does not infringe on executive prerogative, provided it respects national security and executive privilege.

Hamilton YES

Congress possesses the constitutional authority to oversee the execution of laws and the conduct of military operations. This bill directs the Inspector General of the Department of Defense—an officer within the executive branch—to report on complaints of insider trading related to a military operation. Such oversight is a core legislative function, implied by the power to raise and support armies (Article I, Section 8, Clause 12) and the Necessary and Proper Clause (Article I, Section 8, Clause 18), which grants Congress the means to effectuate its enumerated powers. The Federalist Papers und…

Article I, Section 8, Clause 12 Article I, Section 8, Clause 18 Federalist No. 23 Federalist No. 33
Jefferson YES

This bill is a proper exercise of Congress's enumerated power to make rules for the government and regulation of the land and naval forces, as well as its implied power to oversee the execution of laws and ensure accountability within the executive branch. Directing the Inspector General of the Department of Defense to report on matters related to military operations falls within the scope of legislative oversight necessary for Congress to fulfill its constitutional duties. The Tenth Amendment reserves to the states or the people only those powers not delegated to the United States; here, the …

Article I, Section 8, Clause 14 (Power to make Rules for the Government and Regulation of the land and naval Forces) Article I, Section 8, Clause 18 (Necessary and Proper Clause) Amendment X
Madison YES

The bill directs the Inspector General of the Department of Defense to report to Congress on specific complaints. This falls within the legislature's inherent power of oversight, derived from the authority to make laws and to secure necessary information for the execution of its legislative functions. The Constitution grants Congress the power to investigate executive actions and to request reports from executive officers, as an incident of its legislative authority. The Necessary and Proper Clause (Article I, Section 8, Clause 18) empowers Congress to pass laws that are essential to the exerc…

Article I, Section 8, Clause 18 Federalist No. 51
Marshall YES

This bill is a proper exercise of Congress's legislative power under Article I, Section 8, Clause 18, which grants Congress the authority to make all laws necessary and proper for carrying into execution its enumerated powers, including the power to raise and support Armies and to provide for the common defense. Requiring a report from the Inspector General of the Department of Defense is a means reasonably adapted to the end of ensuring the integrity of military operations and markets, as it falls within Congress's oversight function to investigate matters affecting national security and the …

Article I, Section 8, Clause 18 McCulloch v. Maryland (1819) Marbury v. Madison (1803)

What should pass

“AI Consensus Solution”

No solution yet

Daily synthesis runs at 06:00 UTC. This bill's consensus draft will appear on the next pass.

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