Real bill currently in Congress  c/o  HR/119/9171

Department of the Interior, Environment, and Related Agencies Appropriations Act, 2027

Policy area: Economics and Public Finance ▲ 91 days since action Sponsor: Michael K. Simpson, ID-02, R → Congress.gov

Latest action (2026-06-05): Placed on the Union Calendar, Calendar No. 599.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.75

Synthesis

The bill is constitutional only if each of its specific provisions falls within Congress's enumerated powers, respects federalism limits (especially Tenth Amendment and state police powers), and avoids unconstitutional conditions, improper delegation without intelligible principles, or infringement on individual rights such as property rights under the Fifth Amendment. A provision-by-provision analysis is required to ensure constitutionality.

Hamilton CONDITIONAL

This bill, as an appropriations measure for the Department of the Interior and Environment, concerns the power of the purse, which is constitutionally vested in Congress under Article I, Section 9, Clause 7: 'No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.' Congress may condition spending on specific policy objectives, provided such conditions are not arbitrary or unrelated to the general welfare (Article I, Section 8, Clause 1). However, should any provision within the bill attempt to delegate legislative power to executive agencies without intelli…

Article I, Section 9, Clause 7 Article I, Section 8, Clause 1 Federalist No. 30
Jefferson CONDITIONAL

This appropriations bill is constitutional only insofar as it funds activities strictly within the enumerated powers of the federal government, such as the management of federal lands under Article IV, Section 3, Clause 2, and the provision for the general welfare under Article I, Section 8, Clause 1. However, if it extends to matters reserved to the states—such as intrastate environmental regulation or land use not on federal property—it would exceed the limited authority delegated by the Constitution. The Tenth Amendment reserves all powers not delegated to the United States to the states or…

Amendment X Article I, Section 8, Clause 1 Article IV, Section 3, Clause 2
Madison NO

This bill appropriates funds for the Department of the Interior and related agencies. While Congress holds the power of the purse under Article I, Section 9, Clause 7, the Constitution limits federal jurisdiction to enumerated powers. The management of lands and environment not falling under federal property (Article IV, Section 3, Clause 2) or necessary and proper execution of enumerated powers should remain with the states or the people. Federalist No. 45 warns that the powers delegated to the federal government are few and defined, while those reserved to the states are numerous and indefin…

Article I, Section 9, Clause 7 Article IV, Section 3, Clause 2 Federalist No. 45
Marshall CONDITIONAL

The power of the purse is a fundamental attribute of Congress under Article I, Section 9, Clause 7, which provides that 'No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.' This bill, as an appropriations act, is generally a proper exercise of that power. However, the constitutionality of any specific provision within the bill must be assessed against the enumerated powers of Congress and the limitations imposed by the Constitution. If the bill contains riders or conditions that exceed the legislative authority granted to Congress under Article I, Sect…

Article I, Section 9, Clause 7 Article I, Section 8, Clause 18 McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

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Constitutional Interior and Environment Appropriations Act of 2027

To fund the Department of the Interior, the Environmental Protection Agency, and related agencies for fiscal year 2027, supporting environmental protection, public lands management, and cultural programs.

Bipartisan rationale: Honors Democratic priorities: robust funding for environmental protection and public lands, with clear federal role. Honors Republican priorities: respect for state sovereignty (Tenth Amendment), protection of property rights (Fifth Amendment), limits on agency discretion (nondelegation), and sunset to ensure accountability.

Funding: General Treasury revenues, as authorized b $45 billion (consistent with t Sunset 1y Oversight: Government Accountability Offi Enforcement: Civil actions by the Attorney Genera

Vote-count path: ~260 House votes: 180 Democrats + 80 Republicans from federalism and property-rights caucuses; ~60 Senate votes: 50 Democrats + 10 Republicans from oversight-minded members.

→ Article I, Section 8, Clause 1 (Taxing and Spending Clause) → Article I, Section 8, Clause 3 (Commerce Clause) → Article IV, Section 3, Clause 2 (Property Clause) → Fifth Amendment (Takings Clause) → Tenth Amendment → Nondelegation doctrine (Article I, Section 1)

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