Illegitimate Court Counteraction Act

Enumerated powers · passes

Congress has explicit authority over foreign affairs, including the power to define and punish offenses against the law of nations (Article I, Section 8, Clause 10), to regulate commerce with foreign nations (Article I, Section 8, Clause 3), and to make rules regarding naturalization and immigration (Article I, Section 8, Clause 4). Sanctions against foreign persons who assist the ICC in investigating U.S. personnel fall within these powers, as they are a means of protecting U.S. interests abroad and regulating foreign interactions. The rescission of funds for the ICC is a valid exercise of Congress's power of the purse under Article I, Section 9, Clause 7.

Bill of Rights · passes

The bill primarily targets foreign persons and foreign conduct, which are not protected by the U.S. Bill of Rights. The sanctions include visa blocking and property blocking, which are within the government's broad authority over immigration and foreign assets. The bill does not restrict speech, religion, assembly, or other First Amendment rights of U.S. persons. The Fifth Amendment's due process clause applies to U.S. persons, but the bill's sanctions are directed at foreign persons, and the President has authority to implement them in accordance with existing law. The bill does not implicate the Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments.

Individual liberty · passes

The bill restricts the actions of foreign persons who assist the ICC, but this is a foreign policy measure, not a restriction on the sovereignty of U.S. individuals. U.S. persons are protected by the bill, and the sanctions are aimed at foreign actors who threaten U.S. personnel. The bill does not restrict the rights of U.S. citizens to their own person, property, speech, labor, or belief. The government has a compelling interest in protecting U.S. personnel from international prosecution, and the bill is a reasonable means to that end.

Decentralization · passes

Foreign affairs and international relations are inherently federal responsibilities. An individual, local community, or state cannot effectively address the actions of the ICC or impose sanctions on foreign persons. The bill does not consolidate decision-making at a higher level than necessary; it is a federal action in an area where federal authority is exclusive. The Tenth Amendment reserves powers to the states, but foreign affairs are not among those reserved powers.

Due process and takings · raises concerns · severity: minor

The bill's mandatory sanctions could raise due process concerns if applied to U.S. persons or entities, as it requires the President to impose sanctions without a prior hearing or judicial review. However, the bill targets foreign persons, and the Supreme Court has held that foreign nationals abroad have limited due process rights. The bill also includes a waiver provision for the President, which provides some flexibility. The property blocking is a form of taking, but it is a use of the President's authority under the International Emergency Economic Powers Act, which has been upheld as a valid exercise of foreign affairs powers. The bill does not provide for just compensation, but sanctions are not considered takings under the Fifth Amendment. The main concern is the lack of procedural safeguards for U.S. persons who might inadvertently be affected, but the bill's focus on foreign persons mitigates this.