Give Kids a Chance Act of 2025

Enumerated powers · passes

The federal government has authority to regulate the approval and marketing of drugs under the Commerce Clause (Article I, Section 8, Clause 3), as drugs are articles of interstate commerce. The bill also authorizes the FDA to issue priority review vouchers, which are a form of federal benefit or spending, permissible under the Spending Clause (Article I, Section 8, Clause 1). The bill does not exceed 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 bill is purely regulatory and incentive-based, affecting only the conditions under which the FDA approves clinical trials and issues vouchers.

Individual liberty · passes

The bill does not restrict individual freedom. It encourages the development of pediatric cancer treatments by allowing combination trials and renewing a voucher program. It does not mandate any individual action, nor does it restrict what a person can do with their person, property, speech, labor, or belief. The burden of proof for any restriction is not triggered because there is no restriction.

Decentralization · passes

The bill addresses a national issue—pediatric cancer drug development—that cannot be effectively handled by individuals, local communities, or states alone due to the interstate nature of pharmaceutical research and approval. The federal role is minimal and necessary to ensure uniform safety and efficacy standards across state lines. The bill does not consolidate decision-making upward beyond the minimum necessary; it delegates to federal agencies that already have expertise and statutory authority in this area.

Due process and takings · passes

The bill does not take private property without just compensation. It does not deprive any person of life, liberty, or property without due process. The FDA's issuance of guidance and the voucher program are subject to existing administrative procedures that provide notice and opportunity for comment, satisfying procedural due process. The bill also requires reports to Congress, ensuring accountability and non-arbitrary implementation.