Real bill currently in Congress  c/o  HR/119/1468

Protect America’s Innovation and Economic Security from CCP Act

Policy area: Crime and Law Enforcement ▲ 36 days since action Sponsor: Lance Gooden, TX-05, R → Congress.gov

Latest action (2026-06-15): Placed on the Union Calendar, Calendar No. 607.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.95

Synthesis

The bill is conditionally constitutional. All four Founders agree that Congress has enumerated powers under the Commerce Clause and the power to provide for the common defense, and that legislation targeting foreign influence and economic security may be permissible. However, each opinion conditions approval on the bill's specific text: it must respect executive prerogatives in foreign affairs (Hamilton), adhere strictly to the principle of enumerated powers and avoid overreach into state authority or individual rights (Madison, Jefferson), and include robust procedural due process protections—particularly against bills of attainder and arbitrary enforcement (Marshall, Jefferson). Without the full bill language available, a definitive ruling cannot be made; the bill would be constitutional only if it is narrowly tailored, clearly linked to an enumerated power, and provides fair notice and impartial adjudication.

Hamilton CONDITIONAL

The bill, as titled, appears to invoke Congress's power to regulate commerce with foreign nations and to provide for the common defense. However, without the full text, I must condition my opinion on whether it respects the separation of powers, particularly the President's role in foreign affairs, and whether it avoids infringing upon individual liberties guaranteed by the Bill of Rights. Congress may enact measures to protect national security and economic interests, but it must not delegate legislative authority or impose vague prohibitions that could lead to arbitrary enforcement.

Article I, Section 8, Clause 3 (Commerce with foreign nations) Article I, Section 8, Clause 10 (Offenses against the law of nations) Federalist No. 23 (Necessity of energetic government for national defense) Federalist No. 75 (Treaty power and executive role in foreign relations)
Jefferson CONDITIONAL

The Constitution grants Congress the power to regulate commerce with foreign nations (Article I, Section 8, Clause 3), and to define and punish offenses against the law of nations. However, any federal legislation that restricts speech, assembly, or association based on political affiliation or national origin must be narrowly tailored to avoid infringing on First Amendment freedoms. The Tenth Amendment reserves to the states all powers not delegated to the United States, so the federal government may not assume a general police power. The constitutionality of this bill depends on its specific…

Amendment I Amendment X Article I, Section 8, Clause 3
Madison CONDITIONAL

The bill's title and subject matter touch upon the regulation of foreign influence and economic security, which may fall within the enumerated powers of Congress, particularly the Commerce Clause (Article I, Section 8, Clause 3) and the power to provide for the common defense (Article I, Section 8, Clause 1). However, the breadth of the bill's language could permit overreach into areas reserved to the states or to the people, violating the principle of limited and enumerated powers (Article I, Section 1; Federalist Nos. 45 and 46). Furthermore, the bill's application to 'innovation and economi…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 1 (General Welfare and Common Defense) Article I, Section 1 (All legislative powers herein granted) Federalist No. 45 (restraint of federal power to enumerated objects) Federalist No. 46 (state and individual resistance to federal encroachment)
Marshall CONDITIONAL

The core of this bill — protecting innovation and economic security from foreign threats — falls within Congress's enumerated powers, particularly the power to regulate commerce with foreign nations and to provide for the common defense. However, the Constitution commands that all restraints on commerce must be uniform, and that Congress may not, under the guise of regulation, abridge the rights retained by the people, such as the right to due process or the prohibition against bills of attainder (Article I, Section 9). If this Act contains provisions that single out individuals or entities by…

Article I, Section 8, Clause 3 (Commerce Power) Article I, Section 9, Clause 3 (No Bill of Attainder or ex post facto Law) Marbury v. Madison (1803) McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

Read full document →

American Innovation Security and Oversight Act

Protect American innovation and economic security from threats posed by the Chinese Communist Party, including economic espionage and unfair technology transfer.

Bipartisan rationale: Democrats: Protects economic security and innovation, includes oversight and private right of action; Republicans: Narrowly tailored, respects federalism, includes sunset, avoids overreach, provides due process protections.

Funding: Fees from transaction reviews and fines im $50,000,000 per year for five Sunset 5y Oversight: Interagency Committee on Forei Enforcement: Criminal enforcement by Department o

Vote-count path: ~260 House votes: 180 D centrists + 80 R federalists; ~62 Senate votes: 48 D + 14 R from oversight-minded caucus.

→ Article I, Section 8, Clause 3 (Commerce Clause) → Article I, Section 8, Clause 18 (Necessary and Proper Clause) → Fifth Amendment (Due Process) → Tenth Amendment (Reserved Powers)

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