MORE Savings Act

Enumerated powers · passes

The bill operates under Congress's spending power (Article I, Section 8, Clause 1) to condition Medicare and Medicaid funding, and under the Commerce Clause (Article I, Section 8, Clause 3) to regulate private health insurance markets. These are well-established constitutional authorities for health policy.

Bill of Rights · passes

The bill does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, fair trial, jury, cruel and unusual punishment, or unenumerated rights. It imposes no criminal penalties or searches. No Bill of Rights provision is implicated.

Individual liberty · passes

The bill expands access to opioid treatment and recovery services without mandating any individual to undergo treatment or accept services. It does not restrict personal liberty, property, speech, labor, or belief. The government bears no burden to justify a restriction because none exists.

Decentralization · raises concerns · severity: minor

The bill fails the decentralization test because it imposes uniform federal requirements on private health insurers and state Medicaid programs, consolidating decision-making at the federal level. Individuals and families cannot handle opioid treatment coverage without insurance; states could handle this without federal mandates; and the federal government mandates specific coverage terms rather than allowing state or local variation.

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, forfeitures, or criminal penalties. The requirement for insurers to cover services without cost-sharing is a regulatory condition on participation in interstate commerce, not a taking of property requiring just compensation under the Fifth Amendment.