PKD Cures Act

The bill proposes federal support for medical research, which falls within the enumerated power of Congress to provide for the general welfare and to promote the progress of science and useful arts. Article I, Section 8, Clause 1 grants Congress the power to lay and collect taxes to pay for the general welfare, and Clause 8 empowers Congress to secure for limited times to authors and inventors the exclusive right to their writings and discoveries, which implicitly supports scientific advancement. Federalist No. 23 argues that the federal government must possess powers commensurate with the obj…

The Constitution grants Congress no express power to fund medical research. The Tenth Amendment reserves to the States or the people all powers not delegated to the United States. However, if this bill is strictly limited to the exercise of enumerated powers—such as the power to provide for the general welfare through taxation and spending (Article I, Section 8, Clause 1)—and does not infringe upon the rights of the States or individuals, it may be permissible. Yet I caution that such appropriations must be narrowly tailored and not serve as a pretext for expanding federal authority beyond its…

The bill proposes federal support for medical research, which falls within the enumerated power of Congress to provide for the general welfare and to appropriate funds for the common defense and general welfare (Article I, Section 8, Clause 1). Such research does not exceed the limited and enumerated powers of the federal government, as it does not intrude upon state powers reserved by the Tenth Amendment. The promotion of science and useful arts is also a legitimate object of federal patronage, consistent with the spirit of the Constitution's grant of power over patents and copyrights (Articl…

The Constitution vests in Congress the power to provide for the general welfare and to regulate matters that affect interstate commerce. Funding research into a disease that affects persons across state lines is a proper exercise of the spending power and falls within the ambit of the necessary and proper clause to promote the general welfare. In McCulloch v. Maryland, this Court held that Congress may employ all means which are appropriate and plainly adapted to a legitimate end. Here, the end—supporting medical research—is a legitimate object of federal concern, and the appropriation of fund…