Real bill currently in Congress  c/o  HR/119/9995

Restoring Justice for Workers Act

Policy area: Labor and Employment ▲ 36 days since action Sponsor: Jerrold Nadler, NY-12, D → Congress.gov

Latest action (2026-07-30): Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.50

Synthesis

The bill is constitutional only if narrowly tailored to address abuses of unequal bargaining power, limited to employment contracts substantially affecting interstate commerce, and does not retroactively impair existing contracts or violate the freedom of contract and right to jury trial.

Hamilton CONDITIONAL

The proposed legislation to prohibit forced arbitration in work disputes implicates the constitutional authority of Congress to regulate commerce among the several states under Article I, Section 8, Clause 3, as employment contracts and disputes arising from them substantially affect interstate commerce. However, the Constitution also protects the freedom of contract as a fundamental right, and the Federalist Papers emphasize the importance of preserving private rights against legislative encroachment (Federalist No. 84). The bill may be constitutional if it is narrowly tailored to address abu…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Article I, Section 10, Clause 1 Federalist No. 84
Jefferson NO

This bill, by prohibiting forced arbitration in work disputes, intrudes upon the sovereign authority of the several states to regulate contracts and employment relations. The Constitution grants to Congress only enumerated powers; among these, the power to regulate commerce among the several states extends to trade and exchange, not to the internal contracts of master and servant, which are local and subject to state law. The Tenth Amendment reserves to the states, or to the people, all powers not delegated to the United States. Moreover, while the Seventh Amendment secures the right to trial …

Amendment X Article I, Section 8, Clause 3
Madison CONDITIONAL

The proposed legislation, which prohibits forced arbitration in work disputes, must be examined under the principles of enumerated powers and the preservation of the right to trial by jury. Congress may regulate commerce among the several states (Article I, Section 8, Clause 3), and employment contracts affecting interstate commerce fall within this sphere. However, the Constitution guarantees the right to trial by jury in suits at common law (Article III, Section 2, Clause 3; Seventh Amendment). Forced arbitration clauses, if imposed as a condition of employment, may be seen as a private cont…

Article I, Section 8, Clause 3 Article III, Section 2, Clause 3 Seventh Amendment Federalist No. 10
Marshall YES

This bill, prohibiting forced arbitration in work disputes, is a lawful exercise of the legislative power vested in Congress. The Constitution grants Congress the power to regulate commerce among the several states, and employment relations substantially affect that commerce. Moreover, the Necessary and Proper Clause empowers Congress to enact all laws which shall be necessary and proper for carrying into execution its enumerated powers. The prohibition on forced arbitration is a means rationally related to the legitimate end of regulating interstate commerce and ensuring fair and accessible r…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 McCulloch v. Maryland (1819) Marbury v. Madison (1803)

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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