Real bill currently in Congress  c/o  HR/119/9779

Hands Off Our Boca Chica Beach Act of 2026

Policy area: Public Lands and Natural Resources ▲ 2 days since action Sponsor: Vicente Gonzalez, TX-34, D → Congress.gov

Latest action (2026-09-02): Subcommittee Hearings Held

The Framers

“Founders’ Verdict”

UNCONSTITUTIONAL

Confidence 1.00

Synthesis

The bill exceeds Congress's enumerated powers by naming a local beach without any connection to a federal power or property, violating the Tenth Amendment. All four Founders conclude that as currently drafted (without federal ownership), the bill is unconstitutional.

Hamilton CONDITIONAL

The Constitution grants Congress only enumerated powers, and the act of naming a local beach does not fall within any express grant. Under the Tenth Amendment, powers not delegated to the United States are reserved to the states or the people. However, if Boca Chica Beach is property belonging to the United States, Congress may regulate it under Article IV, Section 3, Clause 2. The bill does not specify federal ownership, and the name change alone implicates no federal interest. Therefore, the legislation is constitutional only if the beach is federal territory.

Article IV, Section 3, Clause 2 Tenth Amendment Federalist No. 17
Jefferson NO

The Constitution enumerates only limited powers to the Congress, and among these is no authority to name geographic features lying within a sovereign state. The power to name local landmarks, beaches, or other intrastate places is a matter reserved to the state of Texas by the Tenth Amendment. The federal government may not, under the guise of a naming bill, exercise a power not delegated to it by the people through the Constitution. To do so would be to encroach upon the reserved rights of the states and the people.

Amendment X Article I, Section 8 (enumerated powers)
Madison CONDITIONAL

The power to name a beach within a state is not among the enumerated powers of Congress under Article I, Section 8. Unless the beach is part of federal territory or property under Article IV, Section 3, Clause 2, the federal government lacks authority. The Tenth Amendment reserves such matters to the states. Therefore, the bill is constitutional only if Boca Chica Beach is under federal jurisdiction.

Article I, Section 8 Article IV, Section 3, Clause 2 Tenth Amendment Federalist No. 45
Marshall NO

This bill, which merely designates a name for a beach without any connection to an enumerated power of Congress, exceeds the limited authority granted to the federal legislature by the Constitution. The Constitution does not confer upon Congress a general power to name geographic features; such an act is not among the powers enumerated in Article I, Section 8, nor is it a necessary and proper means of executing any such power. While the Necessary and Proper Clause allows Congress to choose means to carry out its express powers, the naming of a state beach (absent any federal proprietary intere…

Article I, Section 8 (enumerated powers) Tenth Amendment (reserved powers)

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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