Real bill currently in Congress  c/o  HRES/119/1469

Condemning a legal opinion issued by the U.S. Department of Justice on June 18, 2026, regarding the Olmstead v. L.C., the 1999 Supreme Court decision that recognized institutional isolation of people with disabilities as discrimination under the Americans with Disabilities Act.

Policy area: Health ▲ 32 days since action Sponsor: Debbie Dingell, MI-06, D → Congress.gov

Latest action (2026-08-03): Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and 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”

CONSTITUTIONAL

Confidence 1.00

Synthesis

The resolution is a non-binding expression of the House's opinion, not a law requiring presentment. It falls within Congress's authority to determine its own proceedings and to debate matters of public concern, consistent with the separation of powers and constitutional provisions.

Hamilton YES

This resolution is a simple expression of the House's opinion and does not constitute a law requiring presentment to the President. Under Article I, Section 5, Clause 2, each House has the authority to determine the rules of its proceedings, including the adoption of resolutions expressing its views. Such resolutions are a form of congressional oversight and commentary, consistent with the separation of powers as the House does not command any action by the Executive or Judiciary. The Federalist No. 71 recognizes that the legislature may properly express its sentiments without infringing upon …

Article I, Section 5, Clause 2 Federalist No. 71
Jefferson YES

This resolution is a mere expression of sentiment by the House, not a law binding upon the people or the coordinate branches. The Constitution vests in Congress the power to deliberate and to communicate its views on matters of public concern, including the actions of the executive department. Such expressions fall within the sphere of legislative speech protected by the First Amendment and are not prohibited by any enumerated limitation. The Tenth Amendment reserves to the States or the people all powers not delegated, but here Congress acts within its inherent right to debate and declare its…

Amendment I (freedom of speech and the right of the people to petition the Government for a redress of grievances, which implies the legislature's corresponding right to express its views) Amendment X (powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; this resolution does not exceed any delegated power)
Madison YES

This resolution is a non-binding expression of the House's opinion, not a law or binding directive. The Constitution grants Congress the authority to determine its own proceedings and to debate matters of public concern. Article I, Section 5 empowers each House to establish rules for its proceedings, which includes the adoption of resolutions expressing its sense. Such expressions do not encroach upon the executive or judicial branches, as they lack coercive effect. The resolution merely condemns a legal opinion, which falls within the legitimate sphere of legislative deliberation and does not…

Article I, Section 5 Federalist No. 48
Marshall YES

This resolution is a non-binding expression of congressional sentiment. It does not purport to alter the law, override a judicial decision, or direct executive action. The Constitution vests in Congress the power to legislate, but also implicitly permits it to adopt resolutions as a means of communicating its views. Such expressions are a customary part of legislative proceedings and do not violate the separation of powers, as they carry no legal force and do not interfere with the independent judgment of the judiciary or the executive. The resolution merely condemns a legal opinion of the Dep…

Article I, Section 1 (vesting all legislative powers in Congress, which includes the incidental power to adopt resolutions) Marbury v. Madison (1803) (establishing that it is the province of the judiciary to say what the law is, but not prohibiting Congress from expressing non-binding opinions)

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.

← Back to the Republic