Constitution Index · H.J.Res. 142 · 2026-01-22
Disapproving the action of the District of Columbia Council in approving the D.C. Income and Franchise Tax Conformity and Revision Temporary Amendment Act of 2025.
Latest official status (2026-02-18): Became Public Law No: 119-78.
Constitutional grade
A
Constitutional
Congress acted within its explicit District power to review District tax law, with no Bill of Rights, sovereignty, or due process violation. Local control tension exists but is resolved by the Constitution itself.
Article I, Section 8, Clause 17 Article I, Section 7 Article I, Section 8, Clause 1 Amendment I Amendment II Amendment IV Amendment VIII Amendment XVI Article I Amendment X Amendment V
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has explicit authority over the District under Article I, Section 8, Clause 17, which grants exclusive legislation over the seat of government. The District of Columbia Home Rule Act preserves congressional review and disapproval of Council acts. This joint resolution enacted under Article I, Section 7 disapproves a Council tax act, which is within that enumerated federal-district power, supplemented by Article I, Section 8, Clause 1 on taxation.
Bill of Rights · passes
No speech, religion, press, assembly, arms, search, trial, or punishment provision is implicated. The resolution adjusts District of Columbia tax conformity rules and deductions. It does not compel speech under the First Amendment, disarm under the Second Amendment, authorize searches under the Fourth Amendment, or impose punishment under the Eighth Amendment. Tax classification is permitted under Article I, Section 8, Clause 1 and the Sixteenth Amendment.
Individual liberty · passes
The resolution does not restrict person, speech, labor, belief, or property use beyond ordinary tax law. It largely reinstates deductions for standard filers, older taxpayers, tips, overtime, car loan interest, charitable gifts, and business expensing, reducing tax burden. Removal of the District child credit change alters a benefit level but taxation with representation through Article I does not impose compelled labor, speech, or belief, and the burden remains justified under the Sixteenth Amendment.
Decentralization · passes
Tax conformity for the federal District cannot be handled by an individual or family, and no state has jurisdiction over District tax law. The local Council can and did handle it, but Article I, Section 8, Clause 17 expressly grants Congress exclusive legislation over the District. Congressional review therefore is the constitutionally prescribed minimum level for this action, not improper upward consolidation, and does not violate the Tenth Amendment which reserves powers to states.
Due process and takings · passes
No person is deprived of life, liberty, or property without due process under the Fifth Amendment. The change was enacted through bicameralism and presentment under Article I, Section 7, with prospective tax rules and public law status. No physical or regulatory taking occurs and no compensation is owed under the Fifth Amendment Takings Clause. Ordinary taxation with notice and legislative process satisfies procedural and substantive due process.
Provenance
- Congress.gov: HJRES 142 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #172 | 2026-10-08 | vfa-constitutional-grade/1.0 | 099018c40b05 | current |
Cite this
Values for America. “Constitutional grade: H.J.Res. 142, Disapproving the action of the District of Columbia Council in approving the D.C. Income and Franchise Tax Conformity and Revision Temporary Amendment Act of 2025..” VFA Constitution Index, grade 172 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/172. Accessed 2026-10-19.
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