Constitution Index · H.R. 5349 · 2025-09-15
TAS Act
Latest official status (2026-09-30): Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
Constitutional grade
A
Constitutional
The TAS Act is procedural reform within Congress's tax and tribunal powers. It expands taxpayer access through equitable tolling, keeps subpoena and contempt powers under judicial control within constitutional limits, and does not restrict rights, seize property, or consolidate power beyond the federal tax forum.
Article I, Section 8, Clause 1 Article I, Section 8, Clause 9 Article I, Section 8, Clause 18 Amendment X Amendment IV Amendment VI 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 to lay and collect taxes under Article I, Section 8, Clause 1, to constitute tribunals inferior to the Supreme Court under Article I, Section 8, Clause 9, and to make laws necessary and proper for executing those powers under Article I, Section 8, Clause 18. Regulating Tax Court subpoenas, filing deadlines, special trial judges, contempt, and recusal is direct regulation of a federal tribunal Congress created.
Bill of Rights · passes
No First, Second, Third, Eighth, Ninth, or Tenth Amendment infringement. Subpoena expansion is subject to Tax Court judicial control and relevance limits, satisfying Fourth Amendment reasonableness for compelled production. Contempt authority up to $5,000 and 30 days is within historic petty-offense contempt power and below the Sixth Amendment jury-trial threshold for serious offenses, and recusal requirements strengthen Fifth Amendment due process and impartial tribunal guarantees. Equitable tolling expands access to be heard.
Individual liberty · passes
The bill does not restrict speech, belief, labor, property use, or bodily autonomy. It regulates procedure for contesting federal tax liability and, through equitable tolling and preserved district-court review, reduces government barriers to the individual challenging the government. Subpoena and contempt powers are confined to active litigation and judicial oversight, not general regulation of private life.
Decentralization · passes
Federal taxation and deficiency disputes cannot be resolved by individuals, localities, or states alone. Article I, Section 8, Clause 1 commits federal taxation to Congress, and a uniform federal forum is the minimum necessary level. The bill improves procedures inside that existing federal forum and does not consolidate new substantive power upward or preempt state courts; it expressly preserves a later district-court option.
Due process and takings · passes
Enhances procedural due process under the Fifth Amendment: equitable tolling gives fair opportunity to be heard, non-treatment of time-barred dismissal as a decision on the merits preserves subsequent judicial review, and subpoenas remain under neutral judicial supervision. No property is taken without just compensation. Thirty-day contempt power is bounded, requires judicial finding, and remains subject to appeal and constitutional contempt limits, so no presumption of innocence or notice-and-hearing violation.
Provenance
- Congress.gov: HR 5349 summary · fetched 2026-10-04 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #11 | 2026-10-08 | vfa-constitutional-grade/1.0 | 431b4c92a4ea | current |
Cite this
Values for America. “Constitutional grade: H.R. 5349, TAS Act.” VFA Constitution Index, grade 11 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/11. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/11
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