Constitutional Opinion No. 2026-0673
Case Information
- Content Scored
- H.R. 3633 (119th) — Digital Asset Market Clarity Act / Anti-CBDC Surveillance State Act
- Source
- U.S. Congress (govinfo.gov)
- Author
- 119th Congress
- Publication Date
- 2025-01-01
- Content Type
- Legislation
- Opinion Issued
- 2026-07-19
- AFCS Version
- 1.0
Holding
H.R. 3633 establishes a digital-asset market-structure framework (CFTC/SEC jurisdiction, registration regimes, blockchain-developer safe harbor, DeFi exclusions) and, in Title VI (Anti-CBDC Surveillance State Act), prohibits Federal Reserve banks from directly or indirectly issuing a central bank digital currency; Section 105(c) protects the individual right to self-custody assets. Aligned on three axes: Article X (Honest Money — its text names "no CBDC coercion," which the Anti-CBDC title directly enacts), Article II (self-custody and anti-surveillance = individual financial liberty), and Article IX (market clarity + property rights for a lawful market). The mild reservation is that the bill builds new federal registration regimes (administrative-expansion caveat), keeping it just under the America First band. As operative statutory text it takes the 85/15 weighting. Tier 1 = 77; Final 79 — top of Mostly America First. No Automatic Fail.
It is the judgment of this Court that Opinion No. 2026-0673 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.