Made-in-America Defense Act

Enumerated powers · passes

The bill operates within the federal government's enumerated powers over foreign affairs, foreign commerce, and national defense. Article I, Section 8, Clause 3 grants Congress power over foreign commerce, and Article I, Section 8, Clause 1 authorizes spending for the common defense. Regulating defense exports is a core federal function, and this bill merely directs the executive branch to conduct reviews and report to Congress, which is within Congress's oversight authority.

Bill of Rights · passes

The bill imposes no restrictions on speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial by jury, or cruel and unusual punishment. It is a purely administrative measure affecting government procedures, not individual rights. No amendment in the Bill of Rights is implicated.

Individual liberty · passes

The bill does not restrict any individual's use of their person, property, speech, labor, or belief. It only requires the Department of State to conduct reviews and report to Congress. There is no burden on individual liberty, and no compelling justification is needed because no restriction exists.

Decentralization · passes

The bill passes all four questions. (1) Individuals cannot handle foreign military sales, as this is inherently a government-to-government function. (2) Local communities cannot handle international defense exports. (3) States cannot handle foreign military sales, as the Constitution reserves foreign affairs and foreign commerce to the federal government. (4) The bill does not consolidate decision-making upward; it merely adds a reporting requirement to an existing federal function. The federal government already has exclusive authority over this area, so no decentralization issue arises.

Due process and takings · passes

The bill does not deprive any person of life, liberty, or property, nor does it take private property. It imposes no penalties, no adjudications, and no new obligations on individuals. It is a purely procedural requirement for the executive branch to report to Congress, so no due process or takings concerns arise.