Real bill currently in Congress c/o S/119/5243
A bill to provide for the automatic establishment of Trump accounts using information collected under the Enumeration at Birth Program of the Social Security Administration.
Latest action (2026-08-05): Read twice and referred to the Committee on Finance.
The Framers
“Founders’ Verdict”
Confidence 1.00
Synthesis
All four Founders agree that the bill is unconstitutional. Hamilton argues it constitutes a bill of attainder and lacks a general public purpose, exceeding enumerated powers. Madison emphasizes the lack of constitutional authority under Article I, Section 8 and the Tenth Amendment, warning of factional purposes. Jefferson cites violations of the Fourth, Ninth, and Tenth Amendments, focusing on privacy and federalism. Marshall finds no legitimate enumerated power, criticizes the misuse of personal data, and invokes the Tenth Amendment and McCulloch v. Maryland. The consensus is that the bill exceeds the limited, delegated powers of the federal government, infringes on individual liberties, and violates constitutional principles of separation of powers and federalism.
This bill is unconstitutional because it singles out a specific individual for the establishment of a government account, which constitutes a bill of attainder prohibited by Article I, Section 9, Clause 3. The Constitution does not grant Congress the power to legislate for the benefit or burden of a named person absent a general public purpose; such a measure violates the principle of separation of powers and the equal protection component of the Fifth Amendment's Due Process Clause. Furthermore, the use of Social Security Administration data collected under the Enumeration at Birth Program fo…
This bill exceeds the limited powers delegated to the federal government by the Constitution. The automatic establishment of accounts using personal information collected under the Enumeration at Birth Program of the Social Security Administration constitutes an unreasonable seizure of private data, violating the Fourth Amendment's protection against unreasonable searches and seizures. Furthermore, the Tenth Amendment reserves to the states or the people all powers not expressly granted to the United States, and no enumerated power authorizes the creation of such accounts or the repurposing of…
This bill exceeds the limited and enumerated powers of the federal government. The Constitution delegates no authority to establish general accounts for citizens using data collected under the Social Security Administration's Enumeration at Birth Program. The power to create such accounts is not among those listed in Article I, Section 8, nor is it necessary and proper for executing any granted power. Moreover, the bill's target—'Trump accounts'—suggests a factional purpose, which the Constitution and the structure of our government were designed to guard against. The Tenth Amendment reserves …
This bill proposes to use information collected under the Enumeration at Birth Program of the Social Security Administration to automatically establish 'Trump accounts.' The Constitution grants Congress only enumerated powers, and no provision in Article I, Section 8 authorizes the creation of such accounts using personal data collected for a distinct federal purpose. The Necessary and Proper Clause, as interpreted in McCulloch v. Maryland, permits Congress to choose means that are 'appropriate and plainly adapted' to a legitimate end, but here the end is not a legitimate exercise of federal p…
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.