Constitution Index · H.Con.Res. 113 · 2026-07-18
Establishing the congressional budget for the United States Government for fiscal year 2027 and setting forth the appropriate budgetary levels for fiscal years 2028 through 2036.
Latest official status (2026-07-23): Placed on Senate Legislative Calendar under General Orders. Calendar No. 468.
Constitutional grade
B
Mostly sound
This concurrent resolution is a routine exercise of Congress's constitutional power over the federal budget. It does not itself enact any spending or revenue changes, but sets forth a framework and reconciliation instructions. The primary constitutional concern is the use of reconciliation procedures to bypass the Senate's filibuster, which, while not explicitly prohibited, raises significant separation of powers and deliberation concerns. Additionally, the resolution's scope is limited to the federal government's own fiscal operations, and it does not infringe on individual rights or state powers. The grade reflects the structural tension with the Senate's deliberative role, but the resolution is otherwise within Congress's enumerated powers.
Article I, Section 8, Clause 1 Article I, Section 9, Clause 7 Amendment I Amendment II Amendment III Amendment IV Amendment V Amendment VIII Amendment IX Amendment X
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The five checks
Enumerated powers · passes
Congress has explicit constitutional authority over the federal budget. Article I, Section 8, Clause 1 grants Congress the power to lay and collect taxes, duties, imposts, and excises, and to pay the debts and provide for the common defense and general welfare. Article I, Section 9, Clause 7 requires that no money be drawn from the Treasury but in consequence of appropriations made by law. This concurrent resolution establishes budgetary levels and reconciliation instructions, which are directly within these enumerated powers. The resolution does not exceed these powers; it merely sets forth a fiscal framework for the federal government.
Bill of Rights · passes
The resolution does not infringe upon any of the first ten amendments. It does not restrict speech, religion, assembly, press, or petition (First Amendment), nor does it affect the right to keep and bear arms (Second Amendment), quartering of soldiers (Third Amendment), search and seizure (Fourth Amendment), self-incrimination or due process (Fifth Amendment), trial by jury (Sixth and Seventh Amendments), cruel and unusual punishment (Eighth Amendment), unenumerated rights (Ninth Amendment), or reserved powers (Tenth Amendment). The resolution is purely a budgetary measure and does not touch upon individual rights.
Individual liberty · passes
The resolution does not directly restrict individual liberty. It does not mandate any specific action by individuals, nor does it prohibit any personal conduct. It sets forth budgetary levels and reconciliation instructions for congressional committees, which may lead to future legislation, but the resolution itself does not impose any restrictions on personal freedom. The burden of justification for any future restrictions would fall on the subsequent legislation, not on this resolution.
Decentralization · passes
The resolution concerns the federal budget, which is inherently a federal matter. The questions of decentralization are not applicable in the same way as for regulatory or police powers. (1) An individual or family cannot handle the federal budget; it is a collective national function. (2) A local community or county cannot handle the federal budget. (3) A state cannot handle the federal budget; the Constitution assigns this to the federal government. (4) The resolution does not consolidate decision-making at a higher level than necessary; it is the federal government exercising its own enumerated powers. The Tenth Amendment reserves to the states powers not delegated to the United States, but the budget is explicitly delegated to Congress. Therefore, the resolution passes the decentralization test.
Due process and takings · passes
The resolution does not bypass due process or take property without just compensation. It is a legislative framework that will guide future appropriations and reconciliation bills. It does not adjudicate individual rights or deprive any person of life, liberty, or property. The reconciliation process, while expedited, is a procedural mechanism established by statute (the Congressional Budget Act of 1974) and does not violate the Due Process Clause of the Fifth Amendment. The resolution itself does not take any property; any future legislation would be subject to the Takings Clause if it involves property, but that is not at issue here.
Provenance
- Congress.gov: HCONRES 113 summary · fetched 2026-10-09 · official page ↗
Version history · never overwritten
Cite this
Values for America. “Constitutional grade: H.Con.Res. 113, Establishing the congressional budget for the United States Government for fiscal year 2027 and setting forth the appropriate budgetary levels for fiscal years 2028 through 2036..” VFA Constitution Index, grade 830 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/830. Accessed 2026-10-19.
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