Real bill currently in Congress  c/o  HR/119/8662

To provide assisted living assistance through Medicaid and low-income housing tax credit.

Latest action (2026-05-04): Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 and Marshall (CONSTITUTIONAL under broad taxing and spending power) vs. Madison and Jefferson (UNCONSTITUTIONAL as exceeding enumerated powers)

Hamilton YES

The proposed legislation falls within the enumerated powers of Congress to lay and collect taxes and to provide for the general welfare through expenditures therefrom, as well as to regulate aspects of commerce indirectly through tax credits. Such measures enable the federal government to address the exigencies of revenue and public necessities, consistent with the broad discretion vested in the legislature for the common defense and general welfare. The provision of assistance via Medicaid, a conditional grant to the states, and low-income housing tax credits, as incentives within the tax cod…

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

This proposed legislation seeks to extend federal assistance for living arrangements and housing through mechanisms of taxation and expenditure, realms not enumerated among the delegated powers of Congress. The federal authority is confined strictly to those objects specified in the Constitution, such as defense and commerce among the states; provision for individual welfare and housing falls beyond these bounds, encroaching upon the reserved rights of the states and the people. Such measures pervert the taxing power into a general license for benevolence, contrary to the limited compact of un…

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

The proposed bill authorizes the use of federal taxes and expenditures to furnish assisted living through Medicaid and low-income housing tax credits. Such provisions for individual welfare and housing fall outside the enumerated powers of Congress, as they are not among the specific objects like defense, commerce regulation, or post roads. The phrase 'general Welfare' in the taxing power does not confer unlimited authority but is qualified by the enumerated particulars, lest it render the enumeration nugatory. These matters pertain to local police powers reserved to the States, and federal in…

Article I, Section 8, Clause 1 Federalist No. 41 Federalist No. 45
Marshall YES

The proposed legislation authorizes the Congress to lay and collect taxes and provide for the general welfare through expenditures on assisted living assistance via Medicaid and low-income housing tax credits. Such measures fall within the enumerated powers of Congress to tax and spend, as these are plain and direct grants of authority. The means employed are appropriate and plainly adapted to legitimate ends, consistent with the necessary and proper clause, which empowers Congress to select apt means for executing its enumerated powers without usurping those reserved to the States.

Article I, Section 8, Clause 1 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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