Real bill currently in Congress c/o SRES/119/802
A resolution honoring and celebrating National Boys and Girls Club Week.
Latest action (2026-07-14): Referred to the Committee on the Judiciary. (text: CR S3946)
The Framers
“Founders’ Verdict”
Confidence 0.50
Synthesis
The Founders are split 2-2 on the constitutionality of this ceremonial resolution. Hamilton and Marshall argue it is constitutional as an incidental exercise of legislative authority under the Necessary and Proper Clause (Article I, Section 8, Clause 18) or the Senate's rule-making power (Article I, Section 5, Clause 2), emphasizing its non-binding, non-funding nature. Madison and Jefferson argue it is unconstitutional because it lacks any basis in the enumerated powers of Article I, Section 8, and violates the Tenth Amendment by exceeding federal authority and encroaching on state and local prerogatives. The conditional nature reflects that the resolution's constitutionality depends on whether it is viewed as a permissible internal legislative act or an impermissible expansion of federal power beyond enumerated limits.
This resolution is a ceremonial expression of honor and celebration, which falls within the broad scope of Congress's authority to make laws and resolutions necessary and proper for carrying out its enumerated powers. While the Constitution does not explicitly grant Congress the power to issue honorary resolutions, such actions are incidental to the legislative function and do not infringe upon any enumerated powers of the states or other branches. The resolution does not impose any legal obligation, expend public funds, or regulate conduct, and thus it does not conflict with the separation of…
The Constitution grants to Congress only those powers enumerated in Article I, Section 8. A resolution merely honoring a private organization, however laudable its aims, is not among those powers. The Tenth Amendment reserves all powers not delegated to the United States to the States or to the people. Such a resolution, while perhaps well-intentioned, exceeds the limited sphere of federal authority and encroaches upon the reserved rights of the people to express such sentiments through their own voluntary associations or state legislatures.
This resolution, while well-intentioned, falls outside the enumerated powers granted to Congress by the Constitution. The legislative authority of the United States is limited to those powers expressly delegated in Article I, Section 8, and the necessary and proper clause. A ceremonial resolution honoring a week does not relate to any delegated power—such as taxing, spending, borrowing, regulating commerce, or providing for the common defense—nor is it necessary and proper for executing any such power. The Tenth Amendment reserves all other powers to the states or the people. Recognizing a pri…
The Constitution vests in each House of Congress the power to determine the rules of its own proceedings, as provided in Article I, Section 5, Clause 2. A ceremonial resolution, such as this one honoring a private organization, falls within the scope of legislative proceedings and does not extend beyond the authority granted to Congress. The Necessary and Proper Clause, as interpreted in McCulloch v. Maryland (1819), permits Congress to employ means that are appropriate to the exercise of its enumerated powers. Here, the resolution is an incidental and non-binding expression of sentiment, cons…
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