Real bill currently in Congress  c/o  HR/119/2675

Protecting Our Courts from Foreign Manipulation Act

Policy area: Law ▲ 36 days since action Sponsor: Ben Cline, VA-06, R → Congress.gov

Latest action (2026-06-15): Placed on the Union Calendar, Calendar No. 608.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.75

Synthesis

The act is constitutional only if it is narrowly tailored to protect federal courts from genuine foreign threats, respects judicial independence under Article III, does not infringe on state court autonomy under the Tenth Amendment, and does not violate rights to due process or petition for redress of grievances under the First and Fifth Amendments.

Hamilton CONDITIONAL

The proposed act, which seeks to protect federal courts from foreign manipulation, touches upon the constitutional authority of Congress to define and punish offenses against the law of nations (Article I, Section 8, Clause 10) and to make all laws necessary and proper for carrying into execution the powers vested in the federal judiciary (Article I, Section 8, Clause 18). However, the act must not infringe upon the independence of the judiciary as established in Article III, nor may it impose restrictions that effectively alter the jurisdiction or proceedings of the courts beyond what is nece…

Article I, Section 8, Clause 10 Article I, Section 8, Clause 18 Article III, Section 1 Federalist No. 78
Jefferson CONDITIONAL

The proposed bill, while ostensibly aimed at protecting judicial integrity, must be strictly scrutinized under the Constitution. The federal government possesses only enumerated powers, and any legislation that restricts access to courts—whether for foreign parties or otherwise—must be grounded in a specific grant of authority, such as Article III's vesting of judicial power in federal courts. However, if this bill extends to state courts or imposes burdens on the right to petition for redress of grievances, it would exceed federal authority and violate the Tenth Amendment's reservation of pow…

Amendment X Amendment I Article III, Section 1
Madison CONDITIONAL

The constitutionality of this bill depends on its specific provisions. Congress possesses authority under Article I, Section 8, Clause 3 to regulate commerce with foreign nations, which may extend to foreign involvement in federal judicial proceedings. Additionally, Article III, Section 1 vests the judicial power in federal courts, and Congress may define their jurisdiction and procedures under the Necessary and Proper Clause. However, if the bill attempts to restrict state courts or dictate the internal decision-making of federal judges, it would encroach upon the reserved powers of the state…

Article I, Section 8, Clause 3 Article III, Section 1 Federalist No. 10 Federalist No. 47
Marshall YES

This Act, which aims to protect the integrity of federal courts from foreign influence, is a proper exercise of Congress’s power under Article I, Section 8 to establish and regulate tribunals inferior to the Supreme Court. The judicial power of the United States, vested in the federal courts by Article III, must be shielded from external corruption to preserve the independence essential to constitutional governance. As Chief Justice Marshall held in McCulloch v. Maryland, the means adopted by Congress need only be appropriate and plainly adapted to a legitimate end, and here the protection of …

Article I, Section 8, Clause 9 Article III, Section 1 McCulloch v. Maryland (1819) Marbury v. Madison (1803)

What should pass

“AI Consensus Solution”

Read full document →

Federal Court Integrity Against Foreign Manipulation Act of 2025

To prevent foreign governments, entities, or agents from manipulating or unduly influencing the decision-making processes of U.S. federal courts through bribery, coercion, or submission of fraudulent evidence.

Bipartisan rationale: Democratic priorities honored: protects judicial independence and due process rights, avoids criminalizing conduct that could chill legitimate petitioning, and includes robust oversight and reporting. Republican priorities honored: narrowly targets foreign actors (not U.S. citizens or domestic entities), applies only to federal courts (respects state sovereignty under the Tenth Amendment), includes a sunset clause to limit federal overreach, and uses civil rather than criminal penalties to avoid excessive government power.

Funding: Appropriated from the Department of Justic $10 million annually Sunset 5y Oversight: Attorney General, with annual Enforcement: Civil actions in federal district co

Vote-count path: ~260 House votes: 170 Democratic centrists + 90 Republican federalists; ~63 Senate votes: 48 Democrats + 15 Republicans from the Judiciary and oversight-minded caucuses.

→ Article I, Section 8, Clause 18 (Necessary and Proper Clause to protect the integrity of federal courts under Article III) → Article III, Section 1 (Judicial independence) → Tenth Amendment (limitation to federal courts only) → First Amendment (right to petition for redress of grievances preserved) → Fifth Amendment (Due Process Clause – clear and convincing evidence standard, notice, and hearing)

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