Kayleigh’s Law Act of 2026

SI-generated grade · five published checks · not individually reviewed by a person · methodology

The bill is largely constitutional as it operates within federal criminal jurisdiction and aims to protect victims, but it raises minor concerns regarding judicial discretion and the potential for overbreadth in lifetime orders. The mandatory nature of the order, while within congressional power over federal crimes, could be improved to allow for individualized assessments, but it does not rise to a constitutional violation.

• ✓ Passes · Enumerated powers
  Congress has authority under Article I, Section 8, Clause 6 (to define and punish offenses against the law of nations) and more directly under the Necessary and Proper Clause (Article I, Section 8, Clause 18) to establish procedures for federal criminal cases. The bill applies only to federal courts and federal crimes, which are within Congress's enumerated powers to create and regulate. The autho…
• ✓ Passes · Bill of Rights
  The bill does not infringe on the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, or Ninth Amendments. The no-contact order is a condition of sentencing for convicted felons, which is a permissible restriction on liberty. It does not implicate the Second Amendment because it does not restrict firearm possession. The order is not a bill of attainder or ex post facto law. The Eighth Ame…
• ✓ Passes · Individual sovereignty
  The bill restricts the liberty of convicted felons, but this is a compelling governmental interest in protecting victims and the public from further violence. The restriction is narrowly tailored to those convicted of violent or sexual felonies, and the order is directly related to the crime. The burden on the individual is justified by the conviction and the need to prevent future harm. The bill …
• ✓ Passes · Decentralization
  The bill concerns federal criminal procedure, which is inherently a federal matter. The questions: (1) An individual cannot handle this alone because it involves the judicial system; (2) A local community cannot handle federal criminal sentencing; (3) A state cannot handle federal court procedures; (4) The action does not consolidate decision-making upward because it is already at the federal leve…
• ✓ Passes · Due process and takings
  The bill provides for a motion by the victim or the government, and the order is issued at sentencing, which is a proceeding that provides due process. The defendant has already been convicted, so the presumption of innocence is not at issue. The procedures for termination or suspension are specified, providing a mechanism for relief. The order does not take property; it restricts contact, which i…

Sources: Congress.gov: S 5372 summary