H.Res. 1398 explained · 119th Congress · Pending in Congress
Providing for consideration of the bill (H.R. 8800) to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; providing for consideration of the bill (H.R. 8595) making appropriations for national security, Department of State, and related programs for the fiscal year ending September 30, 2027, and for other purposes; providing for consideration of the bill (H.R. 8884) to amend title II of the Social Security Act to reauthorize demonstration authority for the disability insurance program; providing for consideration of the resolution (H. Res. 1383) commemorating the one-year anniversary of the enactment of the Working Families Tax Cuts; and for other purposes.
Cosponsors: none · per Congress.gov, 2026-10-08
Introduced: 2026-06-30
Latest action (2026-07-13): VACATING PROCEEDINGS - Mr. Steil asked unanimous consent that the ordering of a recorded vote on the question of reconsideration of the vote on adoption on H. Res. 1398 be vacated to the end that the motion to reconsider be laid on the table. Agreed to without objection.
What H.Res. 1398 does, in plain terms
This resolution provides for the consideration of the bill (H.R. 8800) to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; providing for consideration of the bill (H.R. 8595) making appropriations for national security, Department of State, and related programs for the fiscal year ending September 30, 2027, and for other purposes; providing for consideration of the bill (H.R. 8884) to amend title II of the Social Security Act to reauthorize demonstration authority for the disability insurance program; providing for consideration of the resolution (H. Res. 1383) commemorating the one-year anniversary of the enactment of the Working Families Tax Cuts; and for other purposes.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
H. Res. 1398 is a routine House procedural rule setting terms for debating defense, national security, disability demonstration authority, and commemorative measures. The Constitution expressly lets the House set its own rules in Article I, Section 5, and this resolution infringes no rights, takes no property, and centralizes no power.
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✓ Passes · Enumerated powers
The House has explicit authority for this act under Article I, Section 5, Clause 2, which provides that Each House may determine the Rules of its Proceedings. A special rule providing for consideration of listed bills is a core exercise of that rulemaking power, supported by Article I, Section 7 on legislative process. No authority under Article I, Section 8 is needed because this creates no new r… -
✓ Passes · Bill of Rights
H. Res. 1398 creates no restriction on speech, religion, press, assembly, arms, search, trial rights, or other protections in Amendments 1-10. It governs House floor debate time, amendment process, and voting procedure for H.R. 8800, H.R. 8595, H.R. 8884, and H. Res. 1383. No citizen is searched, silenced, disarmed, or punished. First Amendment and Fourth Amendment are therefore untouched. -
✓ Passes · Individual sovereignty
The resolution restricts no personal conduct, property use, labor, belief, or expression. It binds only Members and House process on how debate and votes occur. The underlying bills referenced may later raise sovereignty questions, but this rule itself imposes no burden on any person that would require compelling constitutional justification. -
✓ Passes · Decentralization
This is internal House procedure, not substantive federal preemption. Individuals, counties, and states cannot set House floor rules, so lower levels cannot handle this function. The action does not transfer any state, local, or individual decision to the federal government; it only organizes the House's own consideration of bills. No Tenth Amendment violation and no upward consolidation beyond th… -
✓ Passes · Due process and takings
No person is deprived of life, liberty, or property under the Fifth Amendment and no property is taken for public use. The resolution orders no arrest, forfeiture, fine, surveillance, or seizure, and requires no hearing because it imposes no deprivation. Procedural due process and Takings Clause analysis under Article III and the Fifth Amendment are not triggered.
Sources: Congress.gov: HRES 1398 summary
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