Drain the Swamp Act

The bill contains many provisions that are within the legislative power of Congress under Article I, Section 8, but several provisions raise constitutional concerns. Term limits for Congress require a constitutional amendment under Article I, Section 2 and Section 3, which fix the qualifications of Representatives and Senators. Term limits and ethics rules for the Supreme Court may be imposed by Congress under its power to regulate the appellate jurisdiction of the Supreme Court (Article III, Section 2) and to make exceptions, but altering the tenure of judges (Article III, Section 1) would re…

This bill contains a mixture of provisions. Some, such as banning stock trading for federal officers and suspending pay during shutdowns, may be permissible under Congress's power to regulate its own members (Article I, Section 5) and to set qualifications for office (Article I, Section 2, Clause 2; Section 3, Clause 3). However, several provisions exceed the enumerated powers of Congress and violate the separation of powers. Term limits for Congress would require a constitutional amendment, as the Constitution sets only age, citizenship, and residency qualifications (Article I, Sections 2 and…

The bill contains many provisions that must be examined separately under the Constitution. Some, such as banning stock trading for Members of Congress and suspending pay during shutdowns, may be permissible under the Necessary and Proper Clause (Article I, Section 8, Clause 18) as regulations of the legislative branch. However, establishing term limits for Congress would require a constitutional amendment, as the Constitution sets only age, citizenship, and residency qualifications (Article I, Section 2, Clause 2; Section 3, Clause 3). Similarly, term limits for the Supreme Court would conflic…

This bill presents numerous provisions, each requiring separate constitutional analysis. Several provisions align with Congress's powers under Article I and the Necessary and Proper Clause, such as banning stock trading for federal officials, imposing term limits for Congress, and suspending pay during shutdowns. However, provisions imposing term limits and ethics rules on the Supreme Court, reforming the pardon power, and revoking the statute of limitations for the President and Vice President raise serious separation-of-powers concerns under Marbury v. Madison and the vesting clauses of Arti…