Real bill currently in Congress c/o S/119/4161
Maverick Act
Latest action (2026-05-04): Held at the desk.
The Framers
“Founders’ Verdict”
Confidence 0.50
Synthesis
Falls squarely within Congress's enumerated powers to provide for common defense, raise/support armies, maintain navy, and regulate forces (Hamilton, Marshall).
Legislation concerning Armed Forces and National Security falls squarely within the enumerated powers of Congress to provide for the common defence, to raise and support Armies, to provide and maintain a Navy, and to make Rules for the Government and Regulation of the land and naval Forces. Such measures are essential to the preservation of the Union against external dangers, as the energetic execution of these powers ensures national security without dependence on uncertain state militias.
The Constitution grants Congress explicit authority to provide for the common defense by raising and supporting armies, maintaining a navy, and regulating the land and naval forces. However, any legislation styled the Maverick Act in the realm of armed forces and national security must strictly adhere to these enumerated powers without encroaching upon the rights of the states or individuals. It is constitutional only insofar as it does not compel quartering of soldiers in private homes or infringe upon the right to keep and bear arms essential to a free state, with all else reserved to the st…
Legislation concerning armed forces and national security falls within the enumerated powers of Congress to declare war, raise and support armies, provide and maintain a navy, and make rules for their governance, provided it adheres strictly to these limits and does not infringe on state prerogatives or extend beyond careful enumeration. Without the full text, constitutionality depends on whether the 'Maverick Act' respects the two-year limit on army appropriations and avoids undue concentration of military power that could endanger republican liberty, as discussed in the analysis of these pro…
The Maverick Act, pertaining to Armed Forces and National Security, falls within the enumerated powers of Congress to provide for the common defence, raise and support Armies, and maintain a Navy, as granted by the Constitution. This legislative action is a means necessary and proper to execute these powers, consistent with the framework of implied powers essential to the execution of express constitutional grants. Judicial review affirms the supremacy of the Constitution, yet defers to legislative discretion in matters of national defence where powers are plainly conferred.
What should pass
“AI Consensus Solution”
Maverick Defense Enhancement Act of 2025
The Maverick Act authorizes enhancements to U.S. armed forces capabilities, including new units or programs for rapid response and innovation in national security, to provide for the common defense.
Bipartisan rationale: Honors Democratic priorities of investing in modern national security against cyber and hypersonic threats; honors Republican priorities of fiscal restraint via reallocation and hard caps, strong congressional oversight, and sunset to prevent permanent bureaucracy.
Vote-count path: ~350 House votes: 200 D national security hawks + 150 R defense hawks; ~80 Senate votes: 48 D + 32 R from armed services caucus.