FORK Act of 2026

Enumerated powers · passes

Congress has the power to tax and spend for the general welfare under Article I, Section 8, Clause 1. The bill authorizes federal grants to support a child nutrition program, which is a permissible exercise of the spending power. The program is voluntary for states and service institutions, and the federal government is not mandating state action but offering funds for a specific purpose.

Bill of Rights · passes

The bill does not restrict speech, religion, assembly, press, petition, the right to bear arms, or any other enumerated right. It imposes no searches, seizures, or criminal penalties. It does not affect trial rights or cruel and unusual punishment. The program is purely voluntary and does not condition receipt of benefits on waiver of any constitutional right.

Individual liberty · passes

The bill does not restrict individual liberty. It provides funding to service institutions to facilitate meal distribution. Individuals are free to participate or not. There is no mandate on individuals to do anything, and no restriction on their person, property, speech, labor, or belief. The burden of justification for any restriction is not triggered because there is no restriction.

Decentralization · raises concerns · severity: minor

The program is administered by the USDA, with grants awarded to service institutions, which are often local school authorities. States are involved in the SFSP administration. However, the decision to create the program and fund it is made at the federal level, and the federal government sets priorities and criteria. While states and localities implement the program, the policy decision is consolidated at the federal level. This fails the fourth question of the decentralization test, as it consolidates decision-making at a higher level than the minimum necessary. The program could be handled by states or localities without federal involvement, but the federal government is choosing to fund it.

Due process and takings · passes

The bill does not take property without just compensation. It does not impose any penalty or deprive anyone of life, liberty, or property without due process. The grant program is voluntary, and any conditions attached to the grants are likely to be reasonable and clearly stated. There is no arbitrary government action; the bill specifies priorities and criteria for grant awards.