Pregnant Students’ Rights Act

Enumerated powers · passes

Congress has authority under Article I, Section 8, Clause 1 (Spending Clause) to attach conditions to federal funds, including student aid programs. The bill conditions participation in federal student aid on providing specified information, which is a permissible exercise of spending power. The Supreme Court has upheld similar conditions in cases like South Dakota v. Dole (1987).

Bill of Rights · passes

The bill does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, fair trial, jury, or cruel and unusual punishment. It mandates disclosure of information, which is a form of compelled speech, but the Supreme Court has generally upheld compelled disclosures of factual, non-ideological information in commercial and educational contexts (Zauderer v. Office of Disciplinary Counsel, 1985). The information required is factual (lists of resources, accommodations, complaint procedures) and does not compel endorsement of any viewpoint. No First Amendment violation is apparent.

Individual liberty · passes

The bill expands individual sovereignty by ensuring pregnant students are informed of their rights and available resources to carry a baby to term. It does not restrict any personal liberty or property. The burden is on the government to justify any restriction, and here there is no restriction—only an information mandate that empowers individual choice. The Ninth Amendment recognizes unenumerated rights, and this bill supports the right to make reproductive decisions without government interference.

Decentralization · raises concerns · severity: minor

The bill fails the decentralization test because it consolidates decision-making at the federal level. While an individual or family could seek out this information independently (passing question 1), and local communities or states could provide it without federal involvement (passing questions 2 and 3), the bill imposes a federal mandate on all IHEs receiving federal funds, consolidating policy upward (failing question 4). This creates a one-size-fits-all federal requirement where state and local variation would be more appropriate. The Tenth Amendment reserves to states powers not delegated to the federal government, and while the spending power allows conditions, this condition is not closely related to the purpose of student aid.

Due process and takings · passes

The bill does not deprive anyone of life, liberty, or property without due process. It does not take property without just compensation. The information mandate is clear and provides fair notice. However, there is a minor substantive due process concern: the bill requires disclosure of resources specifically for carrying a baby to term, but does not require equivalent information about other options (e.g., adoption, abortion). This could be seen as government promotion of a particular outcome, but it does not rise to the level of a due process violation because it does not restrict access to other information or impose penalties. The Fifth Amendment's Due Process Clause is not violated.