FAIR Act

Enumerated powers · passes

Congress has explicit constitutional authority under Article I, Section 8, Clause 1 to set compensation for federal employees as part of its power to provide for the general welfare and manage federal operations. The bill adjusts pay rates for federal workers, which is a core administrative function of the federal government.

Bill of Rights · passes

The bill does not regulate speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It has no effect on any right protected by the first ten amendments.

Individual liberty · passes

The bill only adjusts pay rates for federal employees who voluntarily work for the government. It does not restrict any person's control over their own person, property, speech, labor, or belief. Federal employees retain full freedom to accept or decline employment under the new pay schedule.

Decentralization · passes

The bill concerns the compensation of federal employees, which is inherently a federal matter. An individual cannot set federal pay rates; a local community cannot manage federal payroll; a state cannot set federal employee salaries. The action does not consolidate decision-making upward beyond what is necessary because the federal government is the employer.

Due process and takings · passes

The bill increases pay rates, so it does not take property or reduce compensation. It applies prospectively to 2026, providing fair notice. No person is deprived of life, liberty, or property without due process. The Fifth Amendment is not implicated.