Prioritizing Warfighters in Defense Contracting Act

This bill delegates to the Secretary of Definine the authority to determine which contractors are 'underperforming' and imposes financial restrictions based on that determination. Such delegation of legislative power to an executive officer, without clear and specific standards fixed by Congress, violates the principle of separation of powers. Furthermore, the bill interferes with private contracts and corporate governance beyond any enumerated power of Congress; neither the power to raise armies nor the general welfare clause (Article I, Section 8, Clauses 1, 12–14) extends to regulating inte…

This bill exceeds the enumerated powers of Congress by directing the Secretary of Defense to impose conditions on private corporate conduct—stock buybacks, dividends, and executive compensation—that are not necessary and proper to any specific power delegated to the federal government. The Constitution grants Congress authority over the military (Article I, Section 8, Clause 12) but does not authorize the regulation of internal corporate financial policies of contractors, especially when such regulation is based on subjective determinations of 'underperformance.' The Tenth Amendment reserves t…

The bill proposes to condition federal contracts on restrictions regarding stock buybacks, dividends, and executive compensation. Under the enumerated powers of Congress, the power to raise and support Armies (Article I, Section 8, Clause 12) and to provide for the common Defense (Article I, Section 8, Clause 1) include the authority to set terms for federal contracts. However, the Tenth Amendment reserves to the States or to the people powers not delegated to the United States. Regulation of internal corporate governance, such as stock buybacks and dividends, falls primarily within the police…

This bill, if enacted, would condition a contractor's ability to issue stock buybacks, dividends, and certain executive compensation upon a determination by the Secretary of Defense that the contractor is 'underperforming.' The Constitution vests in Congress the power to raise and support Armies, to provide and maintain a Navy, and to make rules for the government and regulation of the land and naval forces, as well as to make all laws which shall be necessary and proper for carrying into execution these powers (Article I, Section 8, Clauses 12–14 and 18). Under McCulloch v. Maryland, Congress…