H.R. 8651 explained  ·  119th Congress  ·  Pending in Congress

Advancing Safe Medications for Moms and Babies Act of 2026

Create a free account or sign in to follow H.R. 8651 and get alerts. Policy area: Health Create a free account or sign in to follow the Health policy area and get alerts. ▲ 168 days since action Sponsor: Kathy Castor, FL-14, D → Congress.gov

Cosponsors: 2 (1 D, 1 R) · per Congress.gov, 2026-10-08

Introduced: 2026-05-04

Latest action (2026-05-04): Referred to the House Committee on Energy and Commerce.

What H.R. 8651 does, in plain terms

The Congressional Research Service has not published a summary of H.R. 8651 yet. Its official title: “Advancing Safe Medications for Moms and Babies Act of 2026”.

Constitution Index

“VFA Constitution grade”

Not graded yet

H.R. 8651 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.50

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

2-2 split: Hamilton and Marshall deem CONSTITUTIONAL under Commerce Clause (with concerns on intrastate limits); Madison and Jefferson deem UNCONSTITUTIONAL as reserved state police power.

Hamilton YES

The proposed legislation, by its title, aims to advance safe medications for mothers and infants, matters intrinsically involving articles of commerce produced, distributed, and consumed across state lines. Congress possesses the authority to regulate such commerce to prevent fraud, adulteration, and hazards that burden interstate trade and the general welfare. This power is essential to a vigorous federal government capable of securing the Union against disjointed state regulations that could paralyze national commerce in vital goods like medicines.

Article I, Section 8, Clause 3 Federalist No. 11
Jefferson NO

The title of this act indicates an intent to regulate or advance medications concerning maternal and infant health, matters of local police power involving the safety and welfare of citizens within each State. Such authority is not enumerated among the powers delegated to Congress in Article I, Section 8, which limits federal action to specific objects like commerce among the States, not intrastate health regulations. The Tenth Amendment expressly reserves all undelegated powers to the States or the people, preserving State sovereignty over domestic health concerns. The Ninth Amendment further…

Tenth Amendment Ninth Amendment Article I, Section 8, Clause 3
Madison NO

The proposed legislation, by its title, appears to direct federal attention to the safety of medications for mothers and infants, a matter implicating the internal regulation of health and medicines traditionally reserved to the states. The Constitution enumerates specific powers for Congress in Article I, Section 8, none of which expressly include the general police power over public health or pharmaceutical safety absent a clear connection to interstate commerce, foreign affairs, or other delegated objects. Such an act risks extending federal authority beyond its defined limits, as explained…

Article I, Section 8 Amendment X Federalist No. 45 Federalist No. 39
Marshall YES

The proposed legislation, by its title, appears to advance the regulation of medications concerning maternal and infant health, matters which fall within the power of Congress to regulate Commerce among the several States. Such commerce encompasses the production, distribution, and safety of medicinal articles traversing state lines, as established in foundational reasoning. Moreover, pursuant to the necessary and proper clause, Congress may enact laws conducive to executing its enumerated powers, including safeguards for public health in interstate transactions, without encroaching upon prohi…

Article I, Section 8, Clause 3 Gibbons v. Ogden (1824) Article I, Section 8, Clause 18 McCulloch v. Maryland (1819)
Report an error in this Founders' Verdict
No account needed. Or email hello@valuesforamerica.com. How reports are handled.

What should pass

“VFA SI Solution”

No solution yet

A sourced SI draft appears here once it passes automated checks (Constitution citation, source verification, independent SI critic). How publication works.

Share card

1200×675 PNG for X, Threads, LinkedIn and messages. Free to share with a link back to this page.

For journalists and bloggers

“Embed this grade”

Free to use with the link back. The badge and card update when the grade changes. Embed terms →

VFA Constitution grade for H.R. 8651

← Back to the Republic