Real bill currently in Congress  c/o  HR/119/8664

To require the Administrator of the Small Business Administration to implement a certain recommendation relating to artificial intelligence adoption, and for other purposes.

Latest action (2026-05-04): Referred to the House Committee on Small Business.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Synthesis

Congress holds authority under the Commerce Clause and Necessary and Proper Clause to direct the Small Business Administration to implement AI adoption recommendations for small businesses engaged in interstate commerce.

Hamilton YES

The Congress possesses ample authority under the Constitution to direct executive agencies in the execution of laws promoting the general welfare and regulating commerce among the several States. The Small Business Administration, established by congressional act, serves to foster enterprise that inherently involves interstate commerce. Requiring its Administrator to implement recommendations for artificial intelligence adoption among small businesses advances commercial activity, productivity, and national industry, which falls within the enumerated powers. Such direction is a proper exercise…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Federalist No. 23 Federalist No. 33
Jefferson NO

The proposed legislation directs a federal administrator to implement recommendations on artificial intelligence adoption by small businesses, a matter nowhere enumerated in the powers granted to Congress. The federal government possesses only those powers expressly delegated, and the promotion of specific technologies in private enterprise exceeds the bounds of regulating commerce among the several states, which pertains to trade and intercourse between them, not internal business practices or technological directives. Such intrusions infringe upon the reserved rights of the states and the pe…

Tenth Amendment Article I, Section 8, Clause 3
Madison YES

The proposed legislation directs the Administrator of the Small Business Administration, an entity established by Congress to aid commerce, to implement a recommendation concerning artificial intelligence adoption among small businesses engaged in interstate commerce. This falls within Congress's enumerated power to regulate Commerce among the several States, as such adoption facilitates the free flow of trade. Moreover, it is a necessary and proper means to execute the foregoing power, as directing administrative officers in the discharge of legislatively assigned duties preserves the separat…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Federalist No. 42 Federalist No. 44
Marshall YES

The Congress possesses the authority under the Constitution to regulate commerce among the several States and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. The Small Business Administration, established by Congress as a means to foster and promote small business enterprises engaged in interstate commerce, falls within this grant. Directing its Administrator to implement a recommendation concerning artificial intelligence adoption constitutes a plain and appropriate means, plainly adapted to legitimate ends, and not prohibited by the Cons…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause) 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.

← Back to the Republic