Real bill currently in Congress  c/o  S/119/4979

PROMISE Act of 2026

Latest action (2026-07-14): Read twice and referred to the Committee on Finance. (Sponsor introductory remarks on measure: CR S3942-3946; text: CR S3943-3946)

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Synthesis

The bill is a constitutional exercise of Congress's power to provide for the general welfare under Article I, Section 8, Clause 1, and to enact necessary and proper laws under Clause 18, as it establishes a process to ensure the long-term fiscal stability of federal trust funds created under that authority. The majority finds that managing the solvency of these trust funds is a legitimate legislative object, does not violate state sovereignty, and does not exceed enumerated powers when properly limited by clear standards.

Hamilton YES

The proposed bill falls squarely within the constitutional authority of Congress to provide for the general welfare and to manage the fiscal affairs of the United States. Article I, Section 8, Clause 1 grants Congress the power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States. The establishment of a process to assure the long-term fiscal stability of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund is a legitimate exercise of this power, as t…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 18 Federalist No. 30 Federalist No. 33
Jefferson NO

The Constitution grants Congress only those powers enumerated in Article I, Section 8. Nowhere does it authorize the establishment or maintenance of a federal system of old-age or disability insurance. Such a program exceeds the limited sphere of federal authority and intrudes upon powers reserved to the states and the people. A bill to assure the fiscal stability of these trust funds is but an extension of an unconstitutional scheme, and thus cannot stand.

Amendment X Article I, Section 8
Madison YES

This bill, which seeks to establish a process to assure the long-term fiscal stability of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, is constitutional under the spending power granted to Congress. Article I, Section 8, Clause 1 authorizes Congress to lay and collect taxes to provide for the general welfare, and the Social Security system has long been upheld as an exercise of that power. The bill's aim to ensure the solvency of these trust funds is a legitimate legislative object, falling within the discretion of Congress to manage t…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 18
Marshall YES

The bill proposes a process to ensure the long-term fiscal stability of federal trust funds, which falls squarely within the constitutional authority of Congress to provide for the general welfare and to execute its enumerated powers. The Constitution vests Congress with the power to lay and collect taxes, duties, imposts, and excises, and to pay the debts and provide for the common defense and general welfare. The establishment of a process to manage the fiscal stability of these trust funds is a means reasonably adapted to the legitimate ends of securing the public credit and ensuring the co…

Article I, Section 8, Clause 1 (Taxing and Spending Power) Article I, Section 8, Clause 18 (Necessary and Proper Clause) McCulloch v. Maryland (1819) (implied powers of Congress)

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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