H.Res. 873 explained · 119th Congress · Pending in Congress
Providing for consideration of the Senate amendment to the bill (H.R. 5371) making continuing appropriations and extensions for fiscal year 2026, and for other purposes.
Cosponsors: none · per Congress.gov, 2026-10-10
Introduced: 2025-11-12
Latest action (2025-11-12): Motion to reconsider laid on the table Agreed to without objection.
What H.Res. 873 does, in plain terms
This resolution provides for House consideration of S.Amdt. 3937, a Senate amendment to H.R. 5371, Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-09
SI-generated grade · five published checks · not individually reviewed by a person · methodology
This resolution is a purely procedural measure that sets the terms for House consideration of a Senate amendment to a continuing appropriations bill. It does not enact any substantive policy, infringe on any rights, or exceed Congress's constitutional authority. Congress has explicit power under Article I, Section 5, Clause 2 to determine the rules of its proceedings, and this resolution falls squarely within that power. No constitutional concerns arise.
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✓ Passes · Enumerated powers
Article I, Section 5, Clause 2 grants each House of Congress the power to 'determine the Rules of its Proceedings.' HRES 873 is a rule providing for consideration of a Senate amendment, which is a routine exercise of that enumerated power. It does not involve any substantive policy beyond the internal legislative process. -
✓ Passes · Bill of Rights
The resolution imposes no restrictions on speech, religion, press, assembly, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, jury rights, cruel and unusual punishment, or any other right protected by the Bill of Rights. It is a procedural rule with no impact on individual liberties. -
✓ Passes · Individual sovereignty
The resolution does not restrict any individual's person, property, speech, labor, or belief. It governs only the internal legislative process of the House of Representatives. No compelling governmental justification is needed because no individual sovereignty is implicated. -
✓ Passes · Decentralization
This resolution concerns the internal procedure of the federal House of Representatives for considering a federal appropriations bill. It is not a matter that could be handled by individuals, local communities, or states, as it pertains to the federal legislative process. The action does not consolidate decision-making at a higher level than necessary; it is a necessary function of Congress under … -
✓ Passes · Due process and takings
The resolution does not deprive any person of life, liberty, or property, nor does it take private property for public use. It is a procedural rule with no adjudicative or quasi-judicial character. No due process or takings concerns arise.
Sources: Congress.gov: HRES 873 summary
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