Real bill currently in Congress  c/o  HR/119/9197

Advancing Research in Nuclear Fuel Recycling Act

Policy area: Energy ▲ 43 days since action Sponsor: Tim Moore, NC-14, R → Congress.gov

Latest action (2026-06-08): Referred to the House Committee on Energy and Commerce.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.75

Synthesis

The bill is constitutional provided it is strictly limited to federal property or interstate matters and does not infringe upon state authority over intrastate activities or property rights, as Jefferson's conditional support requires. Hamilton, Madison, and Marshall all find it constitutional, but Jefferson's condition creates a majority for a conditional verdict.

Hamilton YES

This bill is a proper exercise of the power granted to Congress under Article I, Section 8, Clause 3, the Commerce Clause, as spent nuclear fuel and its recycling implicate interstate commerce and the national energy supply. Furthermore, the power to dispose of and regulate federal property, including nuclear materials, falls within the necessary and proper authority under Article I, Section 8, Clause 18. The study of recycling technologies advances the general welfare and national defense, consistent with the aim of securing public safety and resource efficiency. There is no infringement on s…

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

The Constitution grants Congress the power to provide for the general welfare and to regulate commerce among the several states. However, the Tenth Amendment reserves to the states or to the people all powers not delegated to the United States. A federal study on recycling spent nuclear fuel may be permissible if it is necessary and proper to regulate interstate commerce in energy or to protect the common defense, but it must not infringe upon state authority over intrastate activities or property rights. The bill must be strictly limited to federal property or interstate matters, and must not…

Article I, Section 8, Clause 3 (Commerce Clause) Amendment X
Madison YES

The proposed legislation falls within the enumerated powers of Congress, specifically the power to provide for the general welfare and to regulate commerce among the several states. The study of new technologies for recycling spent nuclear fuel is a matter of national importance, as it pertains to energy security, environmental safety, and the promotion of scientific advancement. The Constitution grants Congress authority to appropriate funds for such purposes, and the delegation to the Secretary of Energy to conduct a study is a proper exercise of legislative oversight and executive implement…

Article I, Section 8, Clause 1 (General Welfare Clause) Article I, Section 8, Clause 3 (Commerce Clause) Federalist No. 41 (on general welfare and national defense)
Marshall YES

This bill, requiring the Secretary of Energy to study recycling technologies for spent nuclear fuel, falls within the enumerated powers of Congress under the Constitution. The Commerce Clause grants Congress authority to regulate interstate commerce, and the management of nuclear materials, which are inherently interstate in nature due to their transport and disposal across state lines, directly affects such commerce. Additionally, the Necessary and Proper Clause empowers Congress to make laws that are appropriate and plainly adapted to carrying out its enumerated powers, including the regulat…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause) McCulloch v. Maryland (1819) Marbury v. Madison (1803)

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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