Real bill currently in Congress  c/o  S/119/4124

A bill to prohibit funds made available to the Department of Justice from being used to make a personal payment to the President in connection with a claim that is subject to the Federal Tort Claims Act, whether in the form of a settlement or any other payment from the Judgment Fund for the personal benefit of the President.

Policy area: Law ▲ 79 days since action Sponsor: Chuck Schumer, NY-Senate, D → Congress.gov

Latest action (2026-03-18): Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 359.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 1.00

Synthesis

Unanimous affirmation of Congress's exclusive authority over appropriations, prohibiting use of public funds (including DOJ allocations and Judgment Fund) for personal payments to the President under tort claims, upholding separation of powers and public fisc integrity.

Hamilton YES

Congress possesses the exclusive authority to control the appropriation and expenditure of public funds, ensuring that no money is drawn from the Treasury without its explicit direction. This bill merely exercises that prerogative by prohibiting the use of funds allocated to the Department of Justice—or disbursed from the Judgment Fund—for personal payments to the President under tort claims against the government. Such a restriction aligns with the principles of republican government, preventing the misuse of public moneys for private benefit and maintaining separation of powers by subordinat…

Article I, Section 9, Clause 7 Article I, Section 8, Clause 1 Federalist No. 30 Federalist No. 33
Jefferson YES

The Congress possesses the sole prerogative to direct the appropriation of public monies from the Treasury, ensuring that funds are drawn only in consequence of laws it enacts, and may thus prohibit their use for personal payments to the President, thereby safeguarding the public fisc from improper diversion and upholding the reserved powers of the people against unauthorized federal expenditure.

Article I, Section 9, Clause 7 Amendment X
Madison YES

The proposed bill exercises the legislative authority to control the appropriation and disbursement of public funds, a vital check against potential executive overreach or misuse. By prohibiting the use of funds allocated to the Department of Justice for personal payments to the President from the Judgment Fund under tort claims, it ensures that monies drawn from the Treasury serve public purposes rather than private benefit, aligning with the principles of limited government and separation of powers. This restraint prevents the fusion of public revenue with personal emolument, guarding agains…

Article I, Section 9, Clause 7 Federalist No. 58
Marshall YES

The Congress possesses the sole authority to determine the disposition of public funds drawn from the Treasury, as this bill imposes a condition upon the use of appropriated moneys by the Department of Justice, prohibiting their application to personal payments benefiting the President under claims governed by statute. Such a restriction is a legitimate exercise of legislative power, impliedly necessary and proper to the enumerated powers of taxation and appropriation, ensuring that public funds serve public purposes rather than private benefit. This does not encroach upon the executive vestin…

Article I, Section 9, Clause 7 Article I, Section 8, Clause 18 McCulloch v. Maryland (1819)

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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