Memory Chip Competitiveness Assessment Act of 2026

Enumerated powers · passes

The bill directs the Department of Commerce to study the advanced memory technology marketplace and supply chain. This falls squarely within Congress's power under Article I, Section 8, Clause 3 (Commerce Clause) to regulate commerce with foreign nations and among the several states, as semiconductor memory products are articles of interstate and international commerce. The study is informational and does not impose any regulatory mandate.

Bill of Rights · passes

The bill requires no action from any private individual or entity that would implicate the First, Second, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments. It does not restrict speech, assembly, press, religion, or petition; it does not authorize searches or seizures; it does not impose criminal penalties or cruel punishments. The public comment requirement is a procedural safeguard, not a restriction.

Individual liberty · passes

The bill imposes no restriction on what any person may do with their own person, property, speech, labor, or belief. It merely requires the government to study a market and produce a report. No individual is compelled to act or refrain from acting. The burden on government to justify a restriction is not triggered because no restriction exists.

Decentralization · passes

This bill passes all four questions of the decentralization test. (1) An individual or family could not handle a nationwide assessment of the advanced memory technology marketplace; this is a matter of national industrial policy. (2) A local community or county could not handle such an assessment. (3) A state could not handle it because the supply chain and market are national and international in scope. (4) The action does not consolidate decision-making upward beyond the minimum necessary; it is purely informational and does not preempt state or local action. The Tenth Amendment is not violated because the study does not commandeer state resources or regulate state activities.

Due process and takings · passes

The bill does not deprive any person of life, liberty, or property without due process. It does not impose fines, penalties, or forfeitures. It does not take private property for public use without just compensation. The public comment period provides procedural fairness for any interested parties who wish to contribute to the report.