Anti-CBDC Surveillance State Act

Enumerated powers · passes

The bill restricts the Federal Reserve's authority, which is a creature of Congress. Congress has the power to coin money and regulate the value thereof (Article I, Section 8, Clause 5) and to make all laws necessary and proper for executing its enumerated powers (Article I, Section 8, Clause 18). Prohibiting the Federal Reserve from offering CBDCs is a valid exercise of Congress's power to define and limit the scope of federal monetary authority. The bill does not expand federal power; it contracts it.

Bill of Rights · passes

The bill does not infringe any of the first ten amendments. It actually protects Fourth Amendment rights by preventing the federal government from creating a surveillance-capable digital currency that could track individual financial transactions without a warrant. It does not restrict speech, religion, assembly, press, petition, arms, quartering, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment.

Individual liberty · passes

The bill enhances individual sovereignty by preventing the federal government from offering CBDC accounts directly to individuals, thereby preserving the ability of individuals to use private financial institutions and cash without federal surveillance. It does not restrict any individual's person, property, speech, labor, or belief. The burden of justification is on the government, and here the government is being restrained, not empowered.

Decentralization · passes

The bill passes all four questions of the decentralization test. (1) Individuals can handle their own financial transactions without a federal CBDC. (2) Local communities and counties can handle financial services without federal involvement. (3) States can handle monetary and financial matters without federal involvement, as they have historically. (4) The bill does not consolidate decision-making upward; it pushes decision-making downward by prohibiting federal intrusion into individual financial accounts. It does not violate the Tenth Amendment; it reinforces it.

Due process and takings · passes

The bill does not bypass due process or take property without just compensation. It does not deprive any person of life, liberty, or property without due process of law. It merely prohibits the Federal Reserve from offering certain products and services. It does not affect existing property rights or contractual obligations.