Real bill currently in Congress  c/o  S/119/4161

Maverick Act

Policy area: Armed Forces and National Security ▲ 31 days since action Sponsor: Tim Sheehy, MT-Senate, R → Congress.gov

Latest action (2026-05-04): Held at the desk.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

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).

Hamilton YES

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.

Article I, Section 8, Clause 1 Article I, Section 8, Clause 12 Article I, Section 8, Clause 14 Federalist No. 24 Federalist No. 25
Jefferson CONDITIONAL

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…

Article I, Section 8, Clause 12 Article I, Section 8, Clause 15 Third Amendment Tenth Amendment
Madison CONDITIONAL

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…

Article I, Section 8, Clause 12 Federalist No. 41
Marshall YES

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.

Article I, Section 8, Clause 11 Article I, Section 8, Clause 12 McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

Read full document →

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.

Funding: Reallocated from existing Department of De $500 million cap over 5 years Sunset 5y Oversight: Joint congressional Armed Serv Enforcement: DOD Inspector General investigates v

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.

→ 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 government and Regulation of land and naval Forces) → Article I, Section 8, Clause 1 (provide for common Defence) → Fifth Amendment (due process protections)

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