Anti-CBDC Surveillance State Act

SI-generated grade · five published checks · not individually reviewed by a person · methodology

This bill is fully constitutional. It restricts federal authority, protects individual privacy and financial autonomy, and does not infringe any enumerated rights. It properly leaves monetary policy and digital currency decisions to Congress and the states, and it prevents federal surveillance through a central bank digital currency.

• ✓ Passes · Enumerated powers
  The bill restricts the Federal Reserve's authority, which is a creature of Congress. Congress has the power to coin money and regulate the value thereof (Article I, Section 8, Clause 5) and to make all laws necessary and proper for executing its enumerated powers (Article I, Section 8, Clause 18). Prohibiting the Federal Reserve from offering CBDCs is a valid exercise of Congress's power to define…
• ✓ Passes · Bill of Rights
  The bill does not infringe any of the first ten amendments. It actually protects Fourth Amendment rights by preventing the federal government from creating a surveillance-capable digital currency that could track individual financial transactions without a warrant. It does not restrict speech, religion, assembly, press, petition, arms, quartering, self-incrimination, due process, takings, trial ri…
• ✓ Passes · Individual sovereignty
  The bill enhances individual sovereignty by preventing the federal government from offering CBDC accounts directly to individuals, thereby preserving the ability of individuals to use private financial institutions and cash without federal surveillance. It does not restrict any individual's person, property, speech, labor, or belief. The burden of justification is on the government, and here the g…
• ✓ Passes · Decentralization
  The bill passes all four questions of the decentralization test. (1) Individuals can handle their own financial transactions without a federal CBDC. (2) Local communities and counties can handle financial services without federal involvement. (3) States can handle monetary and financial matters without federal involvement, as they have historically. (4) The bill does not consolidate decision-makin…
• ✓ Passes · Due process and takings
  The bill does not bypass due process or take property without just compensation. It does not deprive any person of life, liberty, or property without due process of law. It merely prohibits the Federal Reserve from offering certain products and services. It does not affect existing property rights or contractual obligations.

Sources: Congress.gov: HR 1919 summary