MOMMIES Act

Enumerated powers · passes

Congress has the power to spend for the general welfare under Article I, Section 8, Clause 1. Medicaid and CHIP are cooperative federal-state programs funded through this spending power. The bill's provisions—expanding eligibility, requiring coverage of oral health services, establishing demonstration grants, and mandating GAO reports—are all exercises of the spending power. The GAO reporting requirement is incidental to Congress's oversight of federal funds. Therefore, the bill falls within enumerated powers.

Bill of Rights · passes

The bill does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It expands access to healthcare services, which does not implicate any provision of the Bill of Rights. No infringement is present.

Individual liberty · passes

The bill does not restrict individual liberty. It expands eligibility for Medicaid and CHIP, providing additional benefits to pregnant and postpartum women. It imposes no mandates on individuals, no restrictions on personal conduct, and no burdens on property or labor. The burden of proof for any restriction is not triggered because there is no restriction.

Decentralization · raises concerns · severity: significant

The bill fails the decentralization test because it consolidates decision-making at the federal level by imposing conditions on state Medicaid and CHIP programs. While states retain the option to participate, the practical effect is to pressure states to expand coverage and services, reducing state flexibility. The federal government is setting specific requirements (e.g., one-year postpartum coverage, oral health services) that states must adopt to receive federal funds. This is a common but constitutionally questionable use of conditional spending, as it can coerce states into policy choices. The bill does not directly violate the Tenth Amendment because states retain the formal choice, but it fails the principle of minimum necessary consolidation.

Due process and takings · passes

The bill does not deprive anyone of life, liberty, or property without due process. It does not take private property for public use without just compensation. The GAO reporting requirement is a standard oversight function and does not implicate due process. No procedural or substantive due process concerns arise.