National Strategy for School Security Act of 2025

Enumerated powers · raises concerns · severity: significant

The federal government's enumerated powers under Article I, Section 8 do not include general authority over education or school security. While the bill relates to terrorism, which may implicate the federal government's power to provide for the common defense and regulate foreign commerce, the direct regulation of school security is not an enumerated power. The Tenth Amendment reserves such powers to the states. The bill's requirement for DHS to develop a national strategy for school security exceeds the federal government's limited authority.

Bill of Rights · passes

The bill does not directly infringe on any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, fair trial, jury, cruel and unusual punishment, or unenumerated rights. The strategy development itself is a planning function, not a direct restriction on individual rights.

Individual liberty · passes

The bill does not directly restrict individual liberty. It imposes no new restrictions on what individuals can do with their person, property, speech, labor, or belief. The requirement for a national strategy is a government planning exercise, not a direct regulation of individual conduct. However, the potential for future implementation of the strategy could lead to restrictions, but as written, the bill does not infringe on individual sovereignty.

Decentralization · raises concerns · severity: significant

The bill fails the decentralization test. (1) Individuals and families cannot handle national terrorism threats alone, but they can handle school security at the local level. (2) Local communities and counties can and do handle school security without state involvement. (3) States can handle school security without federal involvement. (4) The bill consolidates decision-making at the federal level, requiring DHS to develop a national strategy, which is higher than the minimum necessary. This directly violates the Tenth Amendment by assuming federal authority over a matter reserved to the states.

Due process and takings · passes

The bill does not bypass due process or take property without just compensation. It is a planning and reporting requirement, not an enforcement action. There is no deprivation of life, liberty, or property, and no procedural or substantive due process concerns are implicated.