PATH Act

This bill falls within the enumerated power of Congress to lay and collect taxes for the general welfare, as it directs federal funds to support pre-apprenticeship programs that serve underrepresented populations. The promotion of skilled trades and labor development is a legitimate object of national concern, particularly given the interstate nature of commerce and the need for a robust workforce. The Necessary and Proper Clause (Article I, Section 8, Clause 18) authorizes Congress to employ means—such as directing the Secretary of Labor—to execute its spending power. While education and labo…

The Constitution grants the federal government only enumerated powers. The Tenth Amendment reserves to the States or to the people all powers not delegated to the United States. Nowhere in the Constitution is Congress given authority to direct the Secretary of Labor to develop or support pre-apprenticeship programs in the building and construction trades. Such an act would exceed the limited powers of the federal government and encroach upon the reserved powers of the States and the liberties of the people.

The bill proposes a federal directive to the Secretary of Labor to support pre-apprenticeship programs in building and construction trades for underrepresented populations. Under the Constitution, the powers of the federal government are enumerated and limited. The general welfare clause (Article I, Section 8, Clause 1) does not grant an unlimited power to promote any object of public benefit; rather, it is tied to the other enumerated powers. Here, the bill's purpose—supporting workforce development in specific trades—may fall under the commerce power if it regulates interstate commerce, but …

This bill directs the Secretary of Labor to support pre-apprenticeship programs in the building and construction trades for underrepresented populations. The Constitution vests Congress with the power to provide for the general welfare and to regulate commerce among the several states. The training of a skilled workforce directly facilitates interstate commerce, as construction materials and labor often cross state lines. Moreover, the necessary and proper clause empowers Congress to enact laws that are appropriate and plainly adapted to legitimate ends. Supporting such programs is a reasonabl…