S. 5123 explained · 119th Congress · Pending in Congress
Lunar Landing Day Act
Cosponsors: 3 (2 D, 1 R) · per Congress.gov, 2026-10-14
Introduced: 2026-07-23
Latest action (2026-08-20): Held at the desk.
What S. 5123 does, in plain terms
The Congressional Research Service has not published a summary of S. 5123 yet. Its official title: “Lunar Landing Day Act”.
Constitution Index
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S. 5123 has not been graded yet. New measures with an official summary are graded daily under the published rubric.
The Framers
“Founders’ Verdict”
Confidence 0.50
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
Two founders (Hamilton and Jefferson) argue that the bill exceeds Congress's enumerated powers and violates the Tenth Amendment, making it unconstitutional. Madison conditions constitutionality on the bill being purely symbolic with no legal obligations or expenditures, but the majority finds it fails that test.
The Constitution vests in Congress only the powers enumerated in Article I, Section 8, and all other powers are reserved to the States or the people by the Tenth Amendment. There is no grant of authority to establish national days of observance, nor is such a measure 'necessary and proper' for carrying into execution any enumerated power, as it is not incidental to any legitimate federal object. The bill thus exceeds the limited sphere of federal jurisdiction and intrudes upon the reserved powers of the States.
The Constitution vests in Congress only those powers enumerated in Article I, Section 8. Nowhere does it grant authority to establish a national holiday commemorating a lunar landing. Such an act exceeds the limited, delegated powers of the federal government and intrudes upon the reserved powers of the states and the people under the Tenth Amendment. The First Amendment protects the freedom of speech and assembly, but it does not empower Congress to compel a day of observance or to expend public funds for a purpose not expressly authorized by the Constitution.
This bill, establishing a commemorative day for a national achievement, falls within the general welfare and common defense powers of Congress only if it is strictly limited to a non-binding observance and does not impose any tax, expenditure, or regulation beyond the necessary and proper execution of an enumerated power. The Constitution grants Congress no express authority to declare holidays or commemorations; such an act must be incidental to an enumerated power, such as the power to regulate the time and manner of elections or to provide for the general welfare through limited, non-coerci…
This Act establishes a day of commemoration for a significant national achievement. Congress, under its power to provide for the general welfare and to make all laws necessary and proper for executing its enumerated powers, may establish such a day. As held in McCulloch v. Maryland, the Constitution grants implied powers to Congress to carry out its express functions. This Act does not exceed those powers and does not conflict with any constitutional prohibition. Therefore, it is constitutional.
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