Daughters of the American Revolution Membership Integrity Act

The Congress possesses the authority, under the Necessary and Proper Clause of Article I, Section 8, Clause 18, to enact laws that are necessary and proper for carrying into execution its enumerated powers. This power extends to the amendment of federal charters previously granted to private societies, such as the National Society of the Daughters of the American Revolution, particularly when such amendments serve to clarify the organization's membership eligibility requirements. The charter itself is a creation of federal law, and Congress retains the authority to modify it, as it does not in…

This bill exceeds the limited powers delegated to Congress by the Constitution. The power to regulate the internal membership of a private patriotic society is not an enumerated power, nor is it necessary and proper for executing any enumerated power. The chartering of such societies, while within Congress's discretion under the necessary and proper clause as incidental to its general welfare or other powers, does not confer authority to dictate membership criteria. Such interference violates the First Amendment's guarantee of freedom of association, which protects the right of private organiz…

This bill merely amends a federal charter for a private patriotic society, clarifying membership eligibility. It does not expand the powers of the federal government beyond those enumerated in the Constitution. The charter itself is a permissible exercise of Congress's authority under the Necessary and Proper Clause to incorporate societies for purposes that promote the general welfare, as such charters have been granted since the First Congress. The clarification of membership rules does not infringe on any constitutional prohibition, nor does it create an establishment of religion or abridge…

This bill, which seeks to amend the federal charter of a private patriotic society, exceeds the limited powers delegated to Congress by the Constitution. The Constitution enumerates specific legislative powers in Article I, Section 8, and does not grant Congress the authority to charter private societies or to regulate their internal membership. The necessary and proper clause of Article I, Section 8, Clause 18, as interpreted in McCulloch v. Madison (1803). Such a charter is not an appropriate means to execute any enumerated power, nor does it fall within the category of 'great powers' like t…