Constitution Index · H.R. 5254 · 2025-09-10
Gateway Partnership Act
Latest official status (2026-09-17): Placed on Senate Legislative Calendar under General Orders. Calendar No. 662.
Constitutional grade
A
Constitutional
The Gateway Partnership Act is a narrow, time-limited authorization for the National Park Service to enter into a single agreement with a private foundation to host private events at Gateway Arch National Park. It does not expand federal power beyond existing authority over federal lands, does not infringe on any constitutional rights, and includes safeguards to protect public access and park resources. The bill is consistent with the Property Clause and the Tenth Amendment, and it does not raise due process or takings concerns.
Amendment X Article IV, Section 3, Clause 2 Amendment I
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
The federal government has explicit authority under Article IV, Section 3, Clause 2 (the Property Clause) to make all needful rules and regulations respecting the territory or other property belonging to the United States. Gateway Arch National Park is federal property, and this bill governs its use. The authorization to enter into a private agreement for events is a permissible exercise of that property management power. No enumerated power is overstepped.
Bill of Rights · passes
The bill does not implicate any provision of the Bill of Rights. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. The requirement that private events not disrupt public access actually protects the public's ability to enjoy the park, which is consistent with First Amendment associational and expressive values, though the bill itself does not regulate speech.
Individual liberty · passes
The bill does not restrict what individuals can do with their person, property, speech, labor, or belief. It merely authorizes a voluntary agreement between a federal agency and a private foundation. Private individuals are not compelled to do anything. The bill's conditions on event use are reasonable and do not burden individual liberty. The burden of justification for any restriction is not triggered because there is no restriction on individual action.
Decentralization · passes
The bill concerns the management of a specific federal park, which is inherently a federal responsibility under the Property Clause. The question of whether an individual, local community, or state could handle this without federal involvement is not applicable because the property is federally owned and managed. The bill does not consolidate decision-making upward; it merely authorizes a limited delegation of event hosting to a local foundation, which is a form of decentralization. The four-question test is satisfied because the federal government is the appropriate level for managing federal lands, and the bill does not shift authority to a higher level than necessary.
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 fee requirement is for wear and tear caused by private events, which is a reasonable user fee, not a taking. There is no arbitrary government action; the bill specifies clear terms and conditions for the agreement, and it requires that events not disrupt public access, ensuring procedural fairness.
Provenance
- Congress.gov: HR 5254 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #902 | 2026-10-14 | vfa-constitutional-grade/1.0 | f91dadfb6fa1 | current |
Cite this
Values for America. “Constitutional grade: H.R. 5254, Gateway Partnership Act.” VFA Constitution Index, grade 902 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/902. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/902
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