Real bill currently in Congress  c/o  S/119/5015

A bill to require the Federal Communications Commission to review and evaluate the processes for updating maps that depict the extent of the availability of broadband internet access service in the United States, and for other purposes.

Latest action (2026-07-16): Read twice and referred to the Committee on Commerce, Science, and Transportation. (text: CR S4139)

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.85

Synthesis

The bill is a constitutional exercise of Congress's commerce power, as broadband internet access is interstate commerce, and directing the FCC to review mapping processes is a proper legislative oversight and necessary and proper means to regulate commerce.

Hamilton YES

This bill is a constitutional exercise of the legislative power vested in Congress. The regulation of broadband internet access service falls squarely within the ambit of the Commerce Clause, as such service is a form of interstate commerce. By directing the Federal Communications Commission to review map-updating processes, Congress is engaging in oversight of an executive agency's implementation of federal policy, which is a proper legislative function. The Necessary and Proper Clause further authorizes Congress to make all laws which shall be necessary and proper for carrying into execution…

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

The Constitution grants Congress power to regulate commerce among the several states (Article I, Section 8, Clause 3). Broadband internet service is a species of interstate commerce, so the federal government may legitimately gather data to inform such regulation. However, the Tenth Amendment reserves to the states all powers not expressly delegated. If this bill were to lead to federal mandates that displace state authority over intrastate communication infrastructure, it would exceed the proper bounds of federal power. As written, the bill merely requires the FCC to review and evaluate mappi…

Article I, Section 8, Clause 3 Amendment X
Madison YES

This bill falls squarely within the enumerated powers of Congress under the Commerce Clause, as broadband internet access service is a form of interstate commerce. The Federal Communications Commission is a proper instrumentality for executing such regulatory and informational duties. The bill does not exceed the limited and defined powers of the federal government, nor does it encroach upon the reserved powers of the states, as it pertains to a matter of national commerce and communication infrastructure.

Article I, Section 8, Clause 3 (Commerce Clause) Federalist No. 45 (Madison's assurance that the federal powers are limited but extend to commerce and general welfare)
Marshall YES

This bill is a proper exercise of the power of Congress to regulate commerce among the several states. Broadband internet access service is a form of interstate commerce, and the Federal Communications Commission is a lawful instrumentality of the federal government. The direction to review and evaluate mapping processes falls within the necessary and proper means to execute the commerce power, as it facilitates informed regulation of a vital commercial infrastructure. No provision of the Constitution prohibits Congress from requiring an executive agency to study and report on matters within i…

Article I, Section 8, Clause 3 (Commerce 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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