Constitution Index · H.R. 367 · 2025-01-13
Territorial Tax Parity and Clarification Act
Latest official status (2025-01-13): Referred to the House Committee on Ways and Means.
Constitutional grade
A
Constitutional
The bill is a narrow tax administration measure that extends existing IRS authority to the Virgin Islands, consistent with Congress's enumerated power to tax and spend under Article I, Section 8, Clause 1. It does not infringe on any constitutional rights, respects individual sovereignty by not imposing new burdens on individuals, and appropriately operates at the federal level where tax policy is constitutionally assigned. The bill does not implicate due process or takings concerns.
Article I, Section 8, Clause 1 Article I, Section 8
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 constitutional authority to lay and collect taxes under Article I, Section 8, Clause 1. This bill exercises that power by adjusting the tax treatment of income from personal property sales in the Virgin Islands. The action is within the scope of Congress's enumerated taxing power.
Bill of Rights · passes
The bill does not implicate any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, fair trial, jury, cruel and unusual punishment, or unenumerated rights. It is a purely administrative tax provision.
Individual liberty · passes
The bill does not restrict any individual's freedom over their person, property, speech, labor, or belief. It merely authorizes the IRS to limit a tax payment requirement, which is a benefit to taxpayers, not a restriction. No compelling constitutional justification is needed because no individual right is burdened.
Decentralization · passes
The bill concerns federal tax policy, which is inherently a federal matter under Article I, Section 8. The question of whether an individual, local community, or state could handle this is not applicable because the Constitution assigns taxation to the federal government. The action does not consolidate decision-making upward beyond the constitutional minimum; it operates at the level where authority already resides.
Due process and takings · passes
The bill does not deprive any person of life, liberty, or property without due process. It does not take private property for public use without just compensation. The bill merely adjusts tax treatment and does not impose penalties or seizures. No procedural or substantive due process concerns arise.
Provenance
- Congress.gov: HR 367 summary · fetched 2026-10-10 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #785 | 2026-10-13 | vfa-constitutional-grade/1.0 | 38a9b942b637 | current |
Cite this
Values for America. “Constitutional grade: H.R. 367, Territorial Tax Parity and Clarification Act.” VFA Constitution Index, grade 785 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/785. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/785
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