Territories Health Equity Act of 2025

Enumerated powers · passes

Congress has broad authority to spend for the general welfare and to make rules for U.S. territories. Article I, Section 8, Clause 1 grants Congress the power to lay and collect taxes to provide for the general welfare, which includes funding health programs like Medicaid and Medicare. Article IV, Section 3, Clause 2 gives Congress plenary power over U.S. territories, including Puerto Rico. The bill's provisions directly address the treatment of territories under federal health programs, which is squarely within these enumerated powers.

Bill of Rights · passes

The bill does not implicate any of the first ten amendments. It expands access to health coverage and does not restrict speech, religion, assembly, press, petition, the right to bear arms, quartering of soldiers, search and seizure, self-incrimination, due process, trial rights, jury rights, or cruel and unusual punishment. It does not infringe upon any enumerated right.

Individual liberty · passes

The bill does not restrict individual liberty. Instead, it expands individual choice by providing additional health insurance options for residents of U.S. territories. It removes barriers to enrollment and funding, thereby enhancing individuals' ability to obtain health care. There is no restriction on personal autonomy, property, speech, labor, or belief.

Decentralization · passes

The bill does not consolidate decision-making at a higher level than necessary. It operates within the existing federal-state-territorial framework for health programs. It removes federal funding caps, allowing territories to have more resources, but does not centralize administration. It also provides an alternative for individuals who cannot obtain coverage through employer or exchange, which is a market-based solution. The four-question test: (1) individuals cannot handle national health insurance alone, so federal involvement is necessary; (2) local communities cannot fund Medicare/Medicaid, so state/territorial involvement is necessary; (3) states and territories cannot fully fund these programs without federal support, so federal involvement is necessary; (4) the bill does not consolidate upward—it actually reduces federal limitations and allows more local flexibility.

Due process and takings · passes

The bill does not deprive any person of life, liberty, or property without due process. It does not take private property for public use without just compensation. It does not impose penalties or burdens without notice or hearing. The provisions regarding late-enrollment penalties are actually lenient, exempting certain individuals from penalties, which is not a deprivation but a benefit.