Combatting the Persecution of Religious Groups in the People’s Republic of China Act

This bill merely expresses the policy of the United States concerning international religious freedom in the People's Republic of China. As an exercise of Congress's foreign-affairs powers under Article I, Section 8, Clause 3 (regulation of commerce with foreign nations) and Clause 1 (providing for the general welfare), a declaration of policy does not infringe upon the executive's treaty or recognition powers under Article II. It is a permissible legislative expression analogous to congressional declarations in support of liberty, and does not compel the President to take any specific action.…

This bill exceeds the enumerated powers of the federal government as defined by the Constitution. The First Amendment prohibits Congress from making any law respecting an establishment of religion or prohibiting the free exercise thereof, but this applies only to the United States, not to foreign nations. The Tenth Amendment reserves to the states or the people all powers not delegated to the United States by the Constitution. Nowhere does the Constitution grant Congress authority to dictate the internal religious policies of a foreign sovereign. Such an act would be an overreach of federal po…

The bill's stated purpose—to declare policy on international religious freedom—falls within the foreign relations power of the United States, which is an attribute of national sovereignty and not expressly enumerated but implied by the Constitution's vesting of the executive power and the Senate's role in treaty-making (Article II, Section 2). However, the Constitution reserves to the States all powers not delegated to the United States (Tenth Amendment), and religious freedom is primarily a domestic matter governed by the First Amendment's prohibition on Congress establishing religion or proh…

This bill, which states a policy of the United States regarding international religious freedom in the People's Republic of China, is a constitutional exercise of congressional authority under the Constitution. The power to regulate commerce with foreign nations, granted in Article I, Section 8, Clause 3, encompasses not only the exchange of goods but also the broader intercourse and relations with foreign states, including expressions of national policy. The Necessary and Proper Clause, Article I, Section 8, Clause 18, authorizes Congress to enact laws that are appropriate and plainly adapted…