Real bill currently in Congress  c/o  SRES/119/815

A resolution commending the Chicago Cubs baseball teams as it celebrates its 150th anniversary on August 29, 2026.

Policy area: Sports and Recreation ▲ 28 days since action Sponsor: Richard J. Durbin, IL-Senate, D → Congress.gov

Latest action (2026-08-07): Resolution agreed to in Senate without amendment and an amended preamble by Unanimous Consent. (text of amendment in the nature of a substitute: CR S4552-4553)

The Framers

“Founders’ Verdict”

UNCONSTITUTIONAL

Confidence 0.50

Synthesis

The resolution exceeds the limited and enumerated powers of Congress under Article I, Section 8 and violates the Tenth Amendment by addressing a private, local matter without any nexus to a delegated federal power.

Hamilton YES

This resolution is a ceremonial expression of recognition, not a binding law with the force of the United States. It does not appropriate funds, regulate commerce, or infringe upon any enumerated or prohibitive constitutional provision. Under Article I, Section 5, Clause 2, each House of Congress has the authority to determine the rules of its proceedings and to adopt resolutions as an internal act of legislative expression. Such resolutions do not require specific enumerated power, as they are not exercises of legislative supremacy but rather the House’s prerogative to communicate its sentime…

Article I, Section 5, Clause 2 Federalist No. 33
Jefferson NO

This resolution, while seemingly benign, exceeds the limited and enumerated powers granted to Congress by the Constitution. The federal legislature is not vested with authority to commend private sports clubs or engage in expressions of sentiment that are not tethered to a specific delegated power, such as taxing, spending, or regulating interstate commerce. The Tenth Amendment explicitly reserves to the States or the People all powers not delegated to the United States. Congress must confine its actions to those powers expressly listed in Article I, Section 8. A resolution of this kind, howev…

Amendment X Article I, Section 8
Madison CONDITIONAL

This resolution, while merely expressive and non-binding, does not fall within any enumerated power delegated to Congress by the Constitution. The legislative authority is confined to the powers expressly granted, and a commendation of a private sports team is not necessary or proper for executing any of those powers (Article I, Section 1; Federalist No. 45). However, as a simple resolution confined to the Senate's internal proceedings, it may be permissible under the rule-making authority of each House (Article I, Section 5, Clause 2), provided it is not used to imply any federal jurisdiction…

Article I, Section 1 Article I, Section 5, Clause 2 Federalist No. 45
Marshall NO

The Constitution establishes a government of limited and enumerated powers. Article I, Section 8 delineates the specific authorities granted to Congress, and the power to issue commendations to private entities is not among them. The Necessary and Proper Clause, as interpreted in McCulloch v. Maryland, permits only those means that are plainly adapted to a legitimate constitutional end; a resolution of commendation serves no such end. The Tenth Amendment reserves all powers not delegated to the United States to the States or the people. While Congress may express sentiments, such expressions m…

Article I, Section 8 Tenth Amendment McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

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