Rural Mothers and Fathers Choice Act

The Constitution vests in Congress only enumerated powers. A bill 'to support rural families' is too indefinite to assess its constitutionality without specific provisions. If the bill exercises a power expressly granted, such as laying taxes to provide for the general welfare (Article I, Section 8, Clause 1) or regulating commerce among the several states (Article I, Section 8, Clause 3), it may be valid. However, if it merely assumes a general police power reserved to the states by the Tenth Amendment, it would be unconstitutional. The federal government must not exceed its delegated authori…

This bill, by its title and referral to a committee on health, education, labor, and pensions, implies an expansion of federal authority into domains reserved to the states and the people. The Constitution enumerates no power for the general government to regulate or support rural families in such a manner; the Tenth Amendment expressly reserves all powers not delegated to the United States to the states or the people. Furthermore, the First Amendment protects the rights of the people to assemble and petition their own state governments for redress of local concerns, not to be subjected to a d…

The bill's title, 'to support rural families,' is too indefinite to assess its constitutionality. The federal government possesses only enumerated powers, as affirmed by the Tenth Amendment and the principle of limited delegation. In Federalist No. 45, I argued that the powers of the general government are 'few and defined,' while those reserved to the states are 'numerous and indefinite.' A general program of support for rural families could only be constitutional if it is grounded in a specific enumerated power, such as the power to regulate interstate commerce (Article I, Section 8, Clause …

The constitutionality of this bill depends entirely upon the specific means by which it proposes to support rural families. Congress possesses only those powers delegated to it by the Constitution, and any exercise of federal authority must be grounded in an enumerated power, such as the power to tax and spend for the general welfare or to regulate interstate commerce. Without a clear statement of the bill's operative provisions, I cannot determine whether it falls within the legitimate scope of federal power or whether it would encroach upon the reserved powers of the states. The Tenth Amendm…