Real bill currently in Congress c/o S/119/5152
Daughters of the American Revolution Membership Integrity Act
Latest action (2026-07-28): Read twice and referred to the Committee on the Judiciary.
The Framers
“Founders’ Verdict”
Confidence 0.50
Synthesis
The Founders are split 2-2 on the constitutionality of Bill s-119-5152. Hamilton and Madison argue it is constitutional under the Necessary and Proper Clause (Article I, Section 8, Clause 18) as a permissible amendment to a federal charter, citing Federalist No. 33 and No. 44. Jefferson and Marshall argue it is unconstitutional, citing the Tenth Amendment and lack of enumerated power, with Jefferson also raising First Amendment freedom of association concerns. The majority position is conditional: the bill is constitutional only if Congress has the enumerated power to charter and amend private societies, which is disputed. The dissenters maintain that such power is not delegated and violates the Tenth Amendment.
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…
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.