Real bill currently in Congress  c/o  HR/119/8655

To amend the Internal Revenue Code to create a tax credit for taxpayers selling products that promote New Jersey and to direct port authorities to give retail space preference to businesses that sell such products.

Latest action (2026-05-04): Referred to the Committee on Ways and Means, and in addition to the Committee on Transportation and Infrastructure, 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”

UNCONSTITUTIONAL

Confidence 1.00

Synthesis

Unanimous rejection: The bill's tax credit and port preferences exclusively favoring New Jersey products violate tax uniformity (Art. I §8 Cl.1), discriminate among states, exceed enumerated powers, burden interstate commerce, and undermine federal impartiality and equal sovereignty.

Hamilton NO

This legislation proposes a tax credit exclusively for products promoting New Jersey, violating the uniformity required in the exercise of federal taxing power, as it discriminates among the states by favoring one over others. Furthermore, directing port authorities to prefer retail space for such state-specific products interferes with the regulation of commerce among the several states, inviting the very commercial jealousies and discriminations among states that the Constitution was designed to prevent, as I argued in defense of union to secure impartial commerce. Such partiality undermines…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Federalist No. 11
Jefferson NO

The proposed legislation grants a tax credit exclusively for products promoting the State of New Jersey and directs port authorities to prefer businesses selling such products. This discriminates in favor of one particular state, violating the requirement that taxes and excises be uniform throughout the United States, as the benefit is not general but particular to New Jersey. The power to promote state-specific products and allocate retail preferences in ports is not delegated to the federal government; such matters pertain to the internal affairs of the states or the people, reserved under t…

Article I, Section 8, Clause 1 Amendment X
Madison NO

This legislation proposes a tax credit for products promoting a single state, New Jersey, and directs port authorities to prefer such businesses in retail space. Such measures exceed the enumerated powers of Congress, as the taxing authority is confined to provisions for the common defense and general welfare of the United States, not parochial promotion of one state's interests, which fosters factionalism and undermines the impartiality essential to federalism. Directing port authorities in this discriminatory manner likewise intrudes upon state prerogatives without clear constitutional warra…

Article I, Section 8, Clause 1 Federalist No. 10
Marshall NO

The proposed legislation contravenes the Constitution by granting a tax credit exclusively for products promoting one particular State, which violates the mandate that all Duties, Imposts and Excises be uniform throughout the United States. Such a discriminatory credit undermines the federal taxing power's essential uniformity, as it favors citizens of one State over others. Moreover, directing port authorities to prefer businesses selling such products impedes the free intercourse of commerce among the several States, exceeding the bounds of congressional authority over interstate commerce an…

Article I, Section 8, Clause 1 Gibbons v. Ogden (1824) Marbury v. Madison (1803) 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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