Homeland Security and Further Additional Continuing Appropriations Act, 2026.

Enumerated powers · passes

Congress has express constitutional authority to lay and collect taxes and provide for the common defense and general welfare under Article I, Section 8, Clause 1, and no money may be drawn from the Treasury except in consequence of appropriations made by law under Article I, Section 9, Clause 7. A continuing resolution is a regular use of that appropriations power. Funding DHS, paying federal employees for past service, and ratifying obligations incurred to preserve life and property during a shutdown all fall within Congress's enumerated fiscal authority.

Bill of Rights · passes

The bill does not restrict speech, religion, assembly, press, petition, the right to keep and bear arms, protection against unreasonable searches or seizures, or any other right secured by the Bill of Rights. It only provides appropriations, back pay, and ratification of certain obligations. There is no basis for a Bill of Rights violation.

Individual liberty · passes

This bill imposes no new restrictions on the person, property, speech, labor, or beliefs of any individual. It does not criminalize conduct, commandeer private action, or take private property. Back pay benefits affected federal employees. Individual sovereignty is therefore not burdened.

Decentralization · passes

The Department of Homeland Security administers functions that fall within federal enumerated powers, including border security, immigration enforcement, customs, and Coast Guard operations. An individual or family cannot provide federal homeland security appropriations. Local communities and states cannot fund or operate DHS as a federal department. Continuing the existing federal funding level does not consolidate authority upward beyond the minimum necessary; it preserves the federal role already assigned by the Constitution. This does not violate the Tenth Amendment.

Due process and takings · passes

The bill provides pay and validates obligations; it does not deprive anyone of life, liberty, or property, nor does it take private property for public use without just compensation. Ratifying obligations incurred to maintain essential activity and orderly shutdown is a legislative remedy, not a deprivation requiring a hearing. No due process or takings issue arises.