Real bill currently in Congress  c/o  S/119/4781

Make More in America Act of 2026

Policy area: Foreign Trade and International Finance ▲ 36 days since action Sponsor: Chuck Schumer, NY-Senate, D → Congress.gov

Latest action (2026-06-15): Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (text: CR S2786-2791; Sponsor introductory remarks on measure: CR S2786)

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.75

Synthesis

The bill is constitutional only if its mission is strictly tied to promoting foreign commerce and does not serve as a general authority for domestic industrial policy.

Hamilton YES

The bill to expand the mission of the Export-Import Bank is constitutional under Congress's power to regulate commerce with foreign nations and to provide for the general welfare. The Constitution expressly grants Congress authority to 'regulate Commerce with foreign Nations' (Article I, Section 8, Clause 3), and the Export-Import Bank's activities directly facilitate and promote foreign commerce by providing financing for exports. Additionally, the 'general Welfare' clause (Article I, Section 8, Clause 1) supports federal measures that strengthen the national economy and global competitivenes…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 1 Article I, Section 8, Clause 18 Federalist No. 23
Jefferson NO

This bill proposes to expand the Export-Import Bank, a federal entity that uses public credit to promote private trade. The Constitution grants Congress power to regulate commerce with foreign nations, but the Tenth Amendment reserves to the States or the people all powers not delegated. The Bank's operations go beyond mere regulation; they involve direct government participation in commercial markets, subsidizing certain private enterprises at the expense of others. Such an exercise of federal power is not enumerated in the Constitution and encroaches upon the liberty of the people and the ri…

Amendment X Article I, Section 8, Clause 3 (Commerce Clause)
Madison CONDITIONAL

The proposed expansion of the Export-Import Bank's mission to build domestic critical industries may be constitutional if it remains strictly ancillary to the regulation of foreign commerce. Congress possesses the power to regulate commerce with foreign nations under Article I, Section 8, Clause 3, and may employ necessary and proper means to execute that power. However, the bill's language—'focus on building export-related domestic critical industries'—risks exceeding this limited grant if it becomes a general authority to promote domestic industry independent of actual export transactions. I…

Article I, Section 8, Clause 3 Federalist No. 45
Marshall CONDITIONAL

The Constitution vests in Congress the power to regulate commerce with foreign nations, and to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers. A federal bank created to facilitate and encourage exports may be a necessary and proper means to regulate foreign commerce, as established in McCulloch v. Maryland (1819), provided its operations do not exceed the scope of that power. However, if the bill’s provisions extend to activities not genuinely connected to foreign commerce—such as subsidizing purely domestic industries without a substantial l…

Article I, Section 8, Clause 3 (Commerce with foreign nations) Article I, Section 8, Clause 18 (Necessary and Proper Clause) 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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