DeOndra Dixon INCLUDE Project Act of 2026

The proposed legislation falls within the enumerated powers of Congress under Article I, Section 8, Clause 1, which grants Congress the power to 'provide for the common Defence and general Welfare of the United States.' The general welfare clause, as I argued in Federalist No. 30, authorizes federal expenditures for purposes that benefit the nation as a whole, including health initiatives. Additionally, Article I, Section 8, Clause 18—the necessary and proper clause—empowers Congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. A federa…

The bill's purpose of including individuals with disabilities in health programs is laudable, but the Constitution grants the federal government only enumerated powers. Congress may act under the Commerce Clause (Article I, Section 8, Clause 3) only if the program regulates interstate commerce or uses federal funds with clear conditions. If the bill mandates state compliance without offering voluntary acceptance of federal funds, it would violate the Tenth Amendment, which reserves to the states all powers not delegated to the United States. The First Amendment also protects the freedom of pri…

This bill, by providing federal support for health research through the INCLUDE Project, constitutes a valid exercise of Congress's power to tax and spend for the general welfare. The object of medical research into Down syndrome and co-occurring conditions is plainly a matter of national benefit, and the appropriation of funds does not commandeer state governments or regulate private conduct in a manner exceeding enumerated powers. The General Welfare Clause, properly construed, permits Congress to disburse revenue for such public purposes, provided it does not use the spending power as a pre…

This bill, if it provides for the inclusion of individuals with disabilities in federally funded health programs, must be examined under the necessary and proper clause. Congress may enact laws that are appropriate and plainly adapted to a legitimate end, such as promoting the general welfare, but only if such laws are consistent with the enumerated powers and do not violate the separation of powers. The conditionality arises from the need to ensure that the bill does not exceed the scope of federal authority by mandating state compliance without clear constitutional grounding, as the states r…