Constitution Index · H.R. 365 · 2025-01-13
Territorial Tax Parity Act of 2025
Latest official status (2025-01-13): Referred to the House Committee on Ways and Means.
Constitutional grade
B
Mostly sound
The bill is a federal tax measure that falls within Congress's enumerated power to lay and collect taxes under Article I, Section 8, Clause 1. It does not directly infringe on individual rights, but it does alter the tax treatment of U.S. territory residents and businesses, potentially increasing their federal tax burden. The bill also grants the IRS discretionary authority to limit certain tax payments, which raises minor due process concerns regarding notice and consistency. The decentralization check is mixed: while tax policy is inherently federal, the bill's effect on territorial self-governance and the IRS's discretionary power warrant a 'mostly sound' grade.
Article I, Section 8, Clause 1 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 the explicit power to 'lay and collect Taxes, Duties, Imposts and Excises' under Article I, Section 8, Clause 1. This bill modifies federal income tax sourcing rules and IRS authority, which is squarely within that enumerated power. The bill does not exceed federal authority because it concerns federal taxation, not regulation of intrastate commerce or other areas outside Congress's purview.
Bill of Rights · passes
The bill does not implicate the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, trial rights, jury rights, or cruel and unusual punishment. The Fifth Amendment's Due Process Clause is not directly violated because the bill provides a legislative change to tax rules, not a deprivation of life, liberty, or property without due process. The Takings Clause is not implicated because tax liability is not a taking of property for public use.
Individual liberty · passes · severity: minor
The bill does not restrict an individual's control over their person, property, speech, labor, or belief. It changes the tax treatment of income, which is a legitimate exercise of the taxing power. While it may increase tax liability for some individuals, the government has a compelling interest in collecting revenue and ensuring tax compliance. The burden is on the government to justify the restriction, and here the restriction is a tax law change that applies uniformly and is not arbitrary.
Decentralization · raises concerns · severity: minor
The bill fails the decentralization test because it consolidates decision-making at the federal level regarding tax treatment of income from U.S. territories. While federal tax policy is inherently national, the bill reduces the ability of territories to set their own tax rules and grants the IRS discretionary authority to limit tax payments, which could undermine territorial fiscal autonomy. The questions: (1) individuals cannot handle federal tax policy on their own, (2) local communities cannot handle federal tax policy, (3) states cannot handle federal tax policy, but (4) the bill consolidates upward by overriding territorial tax sourcing rules and giving the IRS more discretion. This fails one question, resulting in a 'B' for decentralization.
Due process and takings · passes · severity: minor
The bill does not bypass procedural due process because it is a legislative change that applies prospectively and does not target specific individuals. It does not violate substantive due process because it is rationally related to the legitimate government interest of ensuring consistent tax treatment. The Takings Clause is not implicated because tax liability is not a taking of property. However, the IRS's discretionary authority to limit tax payments could raise concerns about arbitrary application, but the bill does not specify the criteria for such limits, which is a minor due process concern.
Provenance
- Congress.gov: HR 365 summary · fetched 2026-10-10 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #788 | 2026-10-13 | vfa-constitutional-grade/1.0 | 6fd1e31217d4 | current |
Cite this
Values for America. “Constitutional grade: H.R. 365, Territorial Tax Parity Act of 2025.” VFA Constitution Index, grade 788 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/788. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/788
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