Closing the Digital Divide for Students Act of 2026

The proposed legislation falls within the constitutional authority of Congress to provide for the general welfare under Article I, Section 8, Clause 1. The inclusion of high-speed internet costs in utility allowances for public housing is a reasonable extension of the federal government's established role in housing assistance, as it addresses a modern necessity for economic opportunity and social well-being. The Necessary and Proper Clause (Article I, Section 8, Clause 18) further supports this measure as a means to execute the enumerated power of spending for the general welfare. As argued i…

The Constitution grants Congress only enumerated powers, and there is no provision authorizing the federal government to regulate housing utilities or define the scope of utility allowances for public housing. The Tenth Amendment reserves all powers not delegated to the United States to the States or to the people. This bill intrudes upon state and local authority over housing and utility matters, and does not fall within any legitimate federal power such as interstate commerce or general welfare (which must be tied to an enumerated power). Furthermore, the Bill of Rights, particularly the Nin…

The proposed bill seeks to include high-speed internet costs in utility allowances for public housing residents. Under the Constitution, Congress may provide for the general welfare through spending, but only for purposes enumerated in Article I, Section 8. Housing and utility allowances for the poor may fall under the power to provide for the general welfare, but the connection to an enumerated power—such as interstate commerce or the postal service—must be clear. High-speed internet, while important, is not a traditional utility like water or electricity, and its inclusion may stretch the sp…

This bill is a proper exercise of Congress's power under the Spending Clause and the Necessary and Proper Clause. The Constitution grants Congress the authority to provide for the general welfare through appropriations, and the regulation of public housing falls within the commerce power as it affects interstate commerce and the national economy. Including internet costs in utility allowances is a reasonable means to achieve the legitimate end of ensuring safe and habitable housing, as internet access has become essential for education, employment, and commerce. This does not exceed the enumer…