Real bill currently in Congress  c/o  HR/119/5213

No Federal Funds for Cashless Bail Act

Policy area: Crime and Law Enforcement ▲ 32 days since action Sponsor: Elise M. Stefanik, NY-21, R → Congress.gov

Latest action (2026-05-04): Placed on the Union Calendar, Calendar No. 554.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 1.00

Synthesis

Congress may lawfully prohibit federal funds from supporting cashless bail systems as an exercise of its appropriations power over the federal treasury, without encroaching on state criminal procedure authority.

Hamilton YES

Congress possesses the sovereign authority to lay and collect taxes and to appropriate funds for the general welfare, thereby controlling the disbursement of federal moneys. This legislation merely directs that no federal funds be allocated to support cashless bail systems, a policy choice within the legislative discretion over appropriations. Such a restriction does not infringe upon state sovereignty in criminal procedure, as states retain full authority over their own bail practices absent federal funding. The federal power over the purse ensures an energetic government capable of pursuing …

Article I, Section 8, Clause 1 Article I, Section 9, Clause 7 Federalist No. 30
Jefferson YES

This act prohibits the use of federal funds to support cashless bail systems, which pertain to state criminal procedures for pretrial release. The federal government possesses no enumerated power to dictate or fund alterations to state bail practices, as criminal justice resides with the states. By withholding federal moneys from such schemes, Congress exercises its authority over appropriations without encroaching upon reserved state powers, thereby upholding the strict limits of federal authority and the people's liberty from centralized overreach. Cashless bail risks undermining the princip…

Tenth Amendment Eighth Amendment Article I, Section 8, Clause 1
Madison YES

The proposed act exercises the exclusive constitutional authority of Congress over the federal treasury by prohibiting the appropriation of federal funds for cashless bail systems, which are matters of state criminal procedure. This restraint on spending aligns with the careful enumeration of federal powers, preventing the extension of federal influence into reserved state domains while preserving congressional control over the purse strings to guard against factional excesses in expenditure. Such a limitation does not compel state action but merely directs federal largesse, consistent with th…

Article I, Section 8, Clause 1 Article I, Section 9, Clause 7 Federalist No. 58
Marshall YES

The Congress possesses the sovereign authority to determine the disposition of funds drawn from the federal Treasury, as this power is essential to the execution of its enumerated duties. The proposed legislation, by prohibiting the allocation of federal moneys to systems of cashless bail, constitutes a lawful exercise of the appropriations power. It neither encroaches upon the reserved rights of the States in their administration of criminal justice nor contravenes any express prohibition of the Constitution. Such conditional restraints upon federal expenditure are within the necessary and pr…

Article I, Section 8, Clause 1 Article I, Section 9, Clause 7 McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

No solution yet

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