Honoring the life and service of United States Marine Corps veteran Nicholas Douglas Quets, expressing condolences to his family, and condemning cartel violence.

A House resolution honoring faithful military service and mourning the fallen lies within the proper office of the legislature to deliberate, declare sentiment, and uphold national honor. It enacts no law, levies no tax, and commands no citizen, and thus usurps no executive or judicial power and invades no reserved right. Each House may order its own proceedings and its members are secured in speech and debate for such declarations, while a firm union ought to give voice against lawless violence that disturbs public order and the dignity of the nation.

A resolution honoring a fallen servant of the republic and expressing sorrow to his kin lays no tax, raises no army, and binds no citizen. It is the mere speech of the representatives, which the First Amendment secures rather than forbids. The condemnation of private violence usurps no power, for it commands no officer and seizes no property, leaving the punishment of crimes and the care of the bereaved where the Tenth Amendment reserves them. So long as it remains declaration and not law compelling action, it is within the harmless expression of sentiment.

As Madison I find this measure constitutional. A resolution honoring service, expressing condolence, and declaring condemnation exercises no coercive power; it lays no tax, raises no army beyond provision, nor regulates commerce. Under Article I, Section 5 each House may determine its proceedings and speak in its legislative capacity. Per Federalist No. 37, the division between proper energy and due restraint counsels that mere declaratory sentiment stays well within restraint. Per Federalist No. 10, public condemnation of violent combination accords with the duty to restrain factional violenc…

As Chief Justice, I inquire first whether the act exceeds the powers granted by the Constitution. This resolution honors a veteran, expresses condolence, and condemns violence; it lays no tax, creates no offense, and commands no citizen. Under Article I, Section 5, each House may determine the Rules of its Proceedings and express its sentiment, a power incident to a deliberative legislature. Under Marbury v. Madison, an act repugnant to the Constitution cannot stand, but nothing here is repugnant to any prohibition or to the division of powers. It is not a law imposing obligation requiring a f…