NIH IMPROVE Act

The NIH IMPROVE Act provides statutory authority for the National Institutes of Health to fund research on maternal health outcomes. This falls squarely within Congress's power to lay and collect taxes to provide for the general welfare, as the promotion of public health is a legitimate object of federal expenditure. The Necessary and Proper Clause further authorizes Congress to establish agencies and programs to execute this power. As I argued in Federalist No. 30, the power to raise revenue and appropriate it for the general welfare is essential to the national government. There is no encroa…

This bill exceeds the limited powers delegated to the federal government by the Constitution. The Constitution enumerates specific powers to Congress in Article I, Section 8, and nowhere does it grant authority to establish a general program of medical research grants, particularly in the field of maternal health, which is a matter of state police power. The Tenth Amendment reserves all powers not delegated to the United States to the States respectively, or to the people. The 'general welfare' clause is not an independent grant of power to spend for any purpose; rather, it is a limitation on …

The bill's provision of grants for maternal health research falls under Congress's power to lay and collect taxes for the general welfare, as enumerated in Article I, Section 8, Clause 1. However, this power must be exercised with strict adherence to the principle of enumerated and limited federal authority, as I argued in Federalist No. 45. The Constitution does not grant Congress a general police power over health; thus, such funding must be directed toward truly national concerns and not intrude upon the reserved powers of the states under the Tenth Amendment. The bill is constitutional onl…

This bill is a valid exercise of Congress's power to tax and spend for the general welfare, as it authorizes grants and support for maternal health research. The Constitution vests Congress with discretion to choose the means to promote the general welfare, and the Necessary and Proper Clause permits such legislation as a means to execute that power. The Supreme Court has long held that Congress may appropriate funds for purposes that benefit the nation, and this research falls squarely within that authority. There is no encroachment on state powers, as the bill merely provides federal funding…