Interstate Real Estate Data Sharing Compact Act

Constitutional concerns with the original

1. The bill regulates local real estate transactions that are not clearly part of interstate commerce, exceeding Congress's power under Article I, Section 8, Clause 3.
2. It mandates data collection and disclosure requirements on private parties and state-regulated professionals, violating the Tenth Amendment by commandeering state resources and intruding on state sovereignty over property and contract law.
3. The bill lacks a jurisdictional element linking the regulated activity to interstate commerce, as required by United States v. Lopez and subsequent precedent.

Solution text

Operative provisions

Bipartisan rationale

Honors Democratic priorities: increases housing price transparency to help consumers and reduce discrimination. Honors Republican priorities: respects state sovereignty, avoids federal mandates, uses voluntary compacts, and funds through user fees rather than taxes.

Constitutional citations

• → Article I, Section 8, Clause 3 (Commerce Clause – limited to interstate commerce)
• → Tenth Amendment (reserving powers to states)
• → Article I, Section 8, Clause 1 (Spending Clause – voluntary participation)
• → Article I, Section 8, Clause 18 (Necessary and Proper Clause – only for federal clearinghouse)

Article I, Section 8, Clause 3 Amendment X Article I, Section 8, Clause 1 Article I, Section 8, Clause 18