Real bill currently in Congress c/o HR/119/9310
Department of Homeland Security Appropriations Act, 2027
Latest action (2026-06-12): Placed on the Union Calendar, Calendar No. 605.
The Framers
“Founders’ Verdict”
Confidence 0.75
Synthesis
The bill is constitutional only if its appropriations are strictly limited to purposes enumerated in the Constitution, such as common defense, regulation of commerce with foreign nations, naturalization, and suppressing insurrections, and do not fund activities reserved to the states under the Tenth Amendment or infringe upon individual rights.
This bill appropriates funds for the Department of Homeland Security, which is a proper exercise of the power of Congress under Article I, Section 8, Clause 1 to provide for the common defense and general welfare. However, the Constitution requires that all appropriations be made by law and that the funds be drawn from the Treasury only in consequence of such appropriations (Article I, Section 9, Clause 7). The expediency and necessity of such an appropriation is a question of legislative judgment, not constitutional law, provided the object falls within the enumerated powers. I must condition…
The Constitution vests in Congress the power to provide for the common defense and to appropriate funds for the general welfare, but only for purposes enumerated in Article I, Section 8. A Department of Homeland Security, if it exercises powers not delegated to the United States, would encroach upon the reserved powers of the states and the people under the Tenth Amendment. The bill is constitutional only if its appropriations are strictly limited to the enumerated powers—such as regulating commerce with foreign nations, establishing uniform rules of naturalization, and suppressing insurrectio…
The proposed appropriations for the Department of Homeland Security must be examined under the constitutional principle that all federal expenditures be for purposes enumerated in the Constitution. The power of the purse is vested in Congress (Article I, Section 9, Clause 7), but the objects of spending are limited to those powers delegated to the federal government. If the appropriations are strictly for the common defense and general welfare as defined by enumerated powers—such as regulating commerce with foreign nations and providing for the common defense (Article I, Section 8, Clauses 1, …
This bill, being an appropriations measure for the Department of Homeland Security, falls within the clear authority of Congress under Article I, Section 8, Clause 1 to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States. Moreover, Congress possesses the power under the Necessary and Proper Clause (Article I, Section 8, Clause 18) to enact laws that are appropriate and plainly adapted to the execution of any power vested in the Government, including the appropriations power. In McCulloch v. Maryland (1…
What should pass
“AI Consensus Solution”
Department of Homeland Security Appropriations Act, 2027 – Constitutional and Fiscal Responsibility Version
To provide funding for the Department of Homeland Security for fiscal year 2027, enabling it to carry out its statutory missions including border security, immigration enforcement, cybersecurity, disaster response, and counterterrorism.
Bipartisan rationale: Honors Democratic priorities by maintaining funding for disaster response, cybersecurity, and immigration enforcement with robust oversight and due process protections. Honors Republican priorities by capping spending growth, requiring sunset of new programs, and ensuring fiscal accountability through audits and withholding of funds.
Vote-count path: ~300 House votes: 180 Democrats + 120 Republicans; ~70 Senate votes: 45 Democrats + 25 Republicans.