Kayleigh’s Law Act of 2026

Enumerated powers · passes

Congress has authority under Article I, Section 8, Clause 6 (to define and punish offenses against the law of nations) and more directly under the Necessary and Proper Clause (Article I, Section 8, Clause 18) to establish procedures for federal criminal cases. The bill applies only to federal courts and federal crimes, which are within Congress's enumerated powers to create and regulate. The authority to set sentencing conditions for federal offenses is well-established.

Bill of Rights · passes

The bill does not infringe on the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, or Ninth Amendments. The no-contact order is a condition of sentencing for convicted felons, which is a permissible restriction on liberty. It does not implicate the Second Amendment because it does not restrict firearm possession. The order is not a bill of attainder or ex post facto law. The Eighth Amendment is not violated because the order is not a punishment per se but a protective measure, and it is not cruel and unusual. The Tenth Amendment is not implicated because the bill applies only to federal courts and federal crimes.

Individual liberty · passes · severity: minor

The bill restricts the liberty of convicted felons, but this is a compelling governmental interest in protecting victims and the public from further violence. The restriction is narrowly tailored to those convicted of violent or sexual felonies, and the order is directly related to the crime. The burden on the individual is justified by the conviction and the need to prevent future harm. The bill does not restrict the rights of law-abiding individuals.

Decentralization · passes

The bill concerns federal criminal procedure, which is inherently a federal matter. The questions: (1) An individual cannot handle this alone because it involves the judicial system; (2) A local community cannot handle federal criminal sentencing; (3) A state cannot handle federal court procedures; (4) The action does not consolidate decision-making upward because it is already at the federal level for federal crimes. The bill does not violate the Tenth Amendment because it does not commandeer state resources or regulate state activities.

Due process and takings · passes

The bill provides for a motion by the victim or the government, and the order is issued at sentencing, which is a proceeding that provides due process. The defendant has already been convicted, so the presumption of innocence is not at issue. The procedures for termination or suspension are specified, providing a mechanism for relief. The order does not take property; it restricts contact, which is a permissible condition of release or sentencing. The no-fee provision is favorable to victims and does not implicate takings.