Real bill currently in Congress  c/o  HR/119/8654

To amend the Elementary and Secondary Education Act of 1965 to reauthorize the Nita M. Lowey Community Learning Centers program for fiscal years 2026 through 2035, and for other purposes.

Latest action (2026-05-04): Referred to the Committee on Education and Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.50

Synthesis

2-2 split: Hamilton & Marshall (CONSTITUTIONAL under spending power); Madison & Jefferson (UNCONSTITUTIONAL as state-reserved)

Hamilton YES

Congress possesses the authority to lay and collect taxes to provide for the general welfare, encompassing expenditures that promote the education and improvement of the people, as such programs sustain the vitality of the republic. Reauthorizing grants for community learning centers falls within this spending power, aiding the common defense and welfare without usurping core state functions, provided the funds are appropriated by law. The power to procure revenues and direct their use is indispensable to the federal government, matching its taxing authority.

Article I, Section 8, Clause 1 Federalist No. 30 Federalist No. 34
Jefferson NO

The proposed legislation seeks federal reauthorization and funding for community learning centers in elementary and secondary education, a pursuit wholly absent from the enumerated powers granted to Congress. Education of the youth is a matter reserved to the States and the people, as it concerns local governance and parental authority over instruction. Federal intrusion via spending on such programs exceeds the bounds of constitutional authority, transforming general taxing and spending into a pretext for un-delegated dominion. This violates the strict limits on federal power, undermining ind…

Tenth Amendment Article I, Section 8
Madison NO

The proposed legislation seeks to authorize federal expenditures for community learning centers under the guise of amending prior acts, extending funding through 2035. Such involvement in elementary and secondary education exceeds the enumerated powers of Congress, as education pertains to matters of local concern reserved to the States. The taxing and spending clause does not confer a general authority to legislate on subjects like education, which are indefinite powers belonging to the States. In Federalist No. 45, the powers of the federal government are described as few and defined, relati…

Article I, Section 8, Clause 1 Amendment X Federalist No. 45
Marshall YES

The proposed legislation reauthorizes a program providing federal support for community learning centers, which falls within Congress's enumerated power to tax and spend for the general welfare. This exercise of authority is a plain and appropriate means to execute the fiscal powers of the national government, as the promotion of learning contributes to the general welfare of the United States. Such appropriations do not usurp powers reserved to the States, for the federal government does not thereby direct the internal administration of education, but merely extends funds that States may acce…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 18 McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

No solution yet

Daily synthesis runs at 06:00 UTC. This bill's consensus draft will appear on the next pass.

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