Real bill currently in Congress  c/o  S/119/3266

USMMA Athletics Act of 2026

Policy area: Transportation and Public Works ▲ 36 days since action Sponsor: Roger F. Wicker, MS-Senate, R → Congress.gov

Latest action (2026-06-15): Placed on Senate Legislative Calendar under General Orders. Calendar No. 434.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Synthesis

The bill is constitutional as it falls within Congress's enumerated powers under Article I, Section 8, Clauses 12-14 and the Necessary and Proper Clause (Clause 18) to regulate federal military academies and provide for the common defense, including authorization of intercollegiate athletics as an incidental activity.

Hamilton YES

The bill authorizes the United States Merchant Marine Academy to participate in intercollegiate athletic competition, which falls within Congress's power to provide for the common defense and regulate the military and naval establishments under Article I, Section 8, Clauses 1 and 14. The Academy is a federal institution established to train officers for the merchant marine, a vital component of national defense and commerce. Congress has broad discretion to determine the means of supporting such institutions, including extracurricular activities that promote discipline, health, and morale amon…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 14 Federalist No. 23
Jefferson CONDITIONAL

The Constitution entrusts to Congress power over the military (Article I, Section 8, Clauses 12–14) and the authority to raise and support Armies and provide and maintain a Navy. The United States Merchant Marine Academy is a federal institution, and Congress may, under its enumerated powers, make laws governing its operations. However, any legislation that mandates particular athletic programs or expenditures from the Academy's budget must be strictly necessary to the Academy’s mission of training future officers. If the Act compels binding obligations that exceed the Academy’s direct federal…

Article I, Section 8 Amendment X
Madison YES

This bill pertains to the internal governance of a federal service academy established by Congress. The Constitution vests in Congress the power to provide for the common defense and to make rules for the regulation of the land and naval forces (Article I, Section 8, Clauses 12-14). The United States Merchant Marine Academy, as a federal institution under the Department of Transportation, falls within the ambit of these powers. Legislation concerning its athletic programs is a proper exercise of Congress's authority to manage the affairs of such academies, as it is incidental to the training a…

Article I, Section 8, Clauses 12-14 Article I, Section 8, Clause 18 Federalist No. 41
Marshall YES

Congress possesses the constitutional authority to establish and regulate federal military academies under its enumerated powers to raise and support Armies and provide and maintain a Navy, as well as its implied powers under the Necessary and Proper Clause. The USMMA Athletics Act concerns the internal governance of a federal institution, falling squarely within this grant of power. As held in McCulloch v. Maryland, the means chosen by Congress to execute its enumerated powers are valid so long as they are appropriate and plainly adapted to a legitimate end. This Act does not exceed constitut…

Article I, Section 8, Clauses 12-14 Article I, Section 8, Clause 18 McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

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USMMA Athletics Authorization and Oversight Act of 2025

To authorize and support intercollegiate athletics programs at the United States Merchant Marine Academy as part of the academy's mission to develop leadership, physical fitness, and teamwork among midshipmen.

Bipartisan rationale: Democratic priorities: Supports a public service academy, promotes student well-being and physical fitness, ensures transparency and accountability through annual reporting. Republican priorities: Limits federal spending with a hard cap and sunset, respects the academy's primary mission, avoids mission creep, and uses existing appropriations without new taxes.

Funding: Existing appropriations for the Maritime A Not to exceed $2,000,000 per f Sunset 5y Oversight: Maritime Administration, with Enforcement: Funds withheld if annual report not

Vote-count path: ~290 House votes: 175 Democrats + 115 Republicans; ~68 Senate votes: 44 Democrats + 24 Republicans, given bipartisan support for service academies with fiscal restraint and oversight.

→ Article I, Section 8, Clause 12 (raise and support Armies) → Article I, Section 8, Clause 13 (provide and maintain a Navy) → Article I, Section 8, Clause 14 (make rules for land and naval forces) → Article I, Section 8, Clause 18 (Necessary and Proper Clause) → Tenth Amendment (powers not delegated to the states, affirming federal authority over federal academies)

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