Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026

Enumerated powers · passes

Congress has authority under Article I, Section 8, Clause 1 (Spending Clause) to appropriate funds for the general welfare, which includes funding medical research. Additionally, the regulation of drugs and therapies falls under the Commerce Clause (Article I, Section 8, Clause 3) as it affects interstate commerce. The bill authorizes grants and establishes reporting requirements, all within these enumerated powers.

Bill of Rights · passes

The bill does not restrict speech, religion, assembly, press, petition, the right to bear arms, or any other right protected by the Bill of Rights. It imposes no searches or seizures, no self-incrimination, no deprivation of life, liberty, or property without due process, and no cruel or unusual punishment. The provisions are limited to federal grant programs and agency planning, which do not implicate the first ten amendments.

Individual liberty · passes

The bill does not restrict individual autonomy over person, property, speech, labor, or belief. It creates voluntary grant programs and imposes conditions on grantees, but these are not restrictions on individuals. The bill facilitates access to investigational drugs, which expands individual options rather than restricting them. No compelling constitutional justification is needed because no individual rights are burdened.

Decentralization · passes

The bill addresses a national health crisis that requires coordinated federal research and regulatory efforts. An individual or family cannot independently fund and regulate drug development for ALS. Local communities and states lack the resources and jurisdiction to conduct nationwide clinical trials and FDA oversight. The federal government is the appropriate level to manage interstate drug development and approval. The bill does not consolidate decision-making upward beyond the necessary minimum; it uses federal agencies for their specialized expertise and does not commandeer state or local governments.

Due process and takings · passes

The bill does not deprive any person of life, liberty, or property without due process. It does not impose penalties or take property. The reporting and planning requirements are administrative and do not affect individual rights. The bill's provisions for grant renewal and safety reporting are procedural and do not implicate the Takings Clause (Fifth Amendment) because no private property is taken for public use without just compensation.