Summer Meals and Learning Act of 2026

Enumerated powers · raises concerns · severity: significant

The federal government's enumerated powers do not include education. While Article I, Section 8, Clause 1 grants Congress the power to spend for the general welfare, the Supreme Court has held that spending must be in pursuit of the general welfare and not prohibited by other provisions. Here, the bill uses federal funds to incentivize states to adopt specific early reading programs, effectively directing state educational policy. This exceeds the enumerated powers, as education is not among the powers delegated to the federal government. The spending power cannot be used to coerce states into implementing federal priorities in areas reserved to them.

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 program is voluntary for states and local educational agencies, and it does not impose any direct restrictions on individual liberties.

Individual liberty · passes

The bill does not restrict what individuals can do with their own person, property, speech, labor, or belief. It establishes a grant program that states and localities may choose to participate in. There is no compelling constitutional justification required because there is no restriction on individual freedom. The program is purely voluntary at the state and local level, and individuals are not compelled to participate.

Decentralization · raises concerns · severity: significant

The bill fails the decentralization test. (1) An individual or family could not handle this alone, as it involves systemic educational programs. (2) A local community or county could handle this without state involvement, as they already operate schools and lunch programs. (3) A state could handle this without federal involvement, as education is a state responsibility. (4) The bill consolidates decision-making at the federal level by creating a federal grant program that dictates the structure and eligibility criteria for summer reading programs, which is a higher level of government than the minimum necessary. This fails the test, as it violates the Tenth Amendment by encroaching on state and local control over education.

Due process and takings · raises concerns · severity: minor

The bill does not take property, but it raises due process concerns. The grant program conditions federal funds on state and local compliance with federal requirements. If a state or local agency fails to meet the conditions, they could lose funding without a clear hearing or procedural safeguards. This could be seen as arbitrary government action, violating substantive due process. Additionally, the bill does not provide for any administrative review or appeal process for entities that are denied grants, which could implicate procedural due process.