Constitution Index · H.R. 9171 · 2026-06-05

Department of the Interior, Environment, and Related Agencies Appropriations Act, 2027

Latest official status (2026-06-05): Placed on the Union Calendar, Calendar No. 599.

Official source ↗

Constitutional grade

B

Mostly sound

This bill is mostly constitutional. It funds federal agencies within Congress's enumerated power to appropriate money (Article I, Section 9, Clause 7). However, several funded entities—such as the National Endowment for the Arts, the National Endowment for the Humanities, and the Smithsonian Institution—operate in areas not explicitly enumerated in Article I, Section 8, creating minor tension with the principle of limited federal power. No Bill of Rights violations, individual sovereignty infringements, due process issues, or takings problems are present. The bill fails the decentralization test because many funded activities could be handled by states or private entities, but this is a structural concern rather than a direct constitutional violation.

Article I, Section 9, Clause 7 Article I, Section 8 Article IV, Section 3, Clause 2 Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Amendment I Amendment II Amendment III Amendment IV Amendment V Amendment VI Amendment VII Amendment VIII Amendment IX Article I, Section 8, Clause 1 Amendment X

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 · raises concerns · severity: significant

Congress has the power to appropriate funds under Article I, Section 9, Clause 7 (the Appropriations Clause). However, the Constitution limits federal spending to powers enumerated in Article I, Section 8. While funding the Department of the Interior, EPA, and related agencies for land management, environmental protection, and tribal affairs can be tied to the Property Clause (Article IV, Section 3, Clause 2) and the Commerce Clause (Article I, Section 8, Clause 3), funding entities like the National Endowment for the Arts, the National Endowment for the Humanities, the Smithsonian Institution, the Kennedy Center, and the Holocaust Museum falls outside any enumerated power. These are not 'necessary and proper' (Article I, Section 8, Clause 18) to executing an enumerated power. This is a significant but long-standing constitutional tension.

Bill of Rights · passes

The bill merely appropriates funds and sets conditions on their use. It does not restrict speech, religion, assembly, press, petition (First Amendment), bear arms (Second Amendment), quarter soldiers (Third Amendment), authorize unreasonable searches (Fourth Amendment), compel self-incrimination or deny due process (Fifth Amendment), impair fair trial rights (Sixth Amendment), deny jury trial (Seventh Amendment), impose cruel or unusual punishment (Eighth Amendment), or violate unenumerated rights (Ninth Amendment). No Bill of Rights infringement is present.

Individual liberty · passes

The bill does not restrict any individual's person, property, speech, labor, or belief. It allocates government funds to agencies and programs. Individuals are not compelled to participate in or fund these programs beyond general taxation, which is a settled constitutional matter (see Article I, Section 8, Clause 1). No restriction on individual sovereignty is imposed.

Decentralization · raises concerns · severity: significant

Applying the four-question test: (1) Individuals or families cannot handle national land management, environmental regulation, or tribal affairs—these require collective action. (2) Local communities cannot manage national parks, interstate environmental issues, or nationwide tribal programs. (3) States could handle many of these functions, such as environmental protection, arts funding, and historic preservation, without federal involvement. (4) The bill consolidates decision-making at the federal level for matters that states could manage, such as arts funding (National Endowment for the Arts) and humanities funding (National Endowment for the Humanities). This fails two questions (3 and 4), resulting in a 'C' on the decentralization scale. The Tenth Amendment (reserved powers to states) is in tension with federal funding of non-enumerated activities.

Due process and takings · passes

The bill does not deprive any person of life, liberty, or property without due process of law (Fifth Amendment). It does not take private property for public use without just compensation (Fifth Amendment Takings Clause). It imposes no penalties, fines, or forfeitures. No due process or takings issues are present.

Provenance

Grade ID
1001
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-14 21:20 UTC
Engine
backup SI engine
Source fetched
2026-10-14 08:07 UTC
Source SHA-256
e62952edf109411de24b933bd4a073984c907dd1118643b263aeda1b9a41be3f
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
B · #1001 2026-10-14 vfa-constitutional-grade/1.0 e62952edf109 current

Cite this

Values for America. “Constitutional grade: H.R. 9171, Department of the Interior, Environment, and Related Agencies Appropriations Act, 2027.” VFA Constitution Index, grade 1001 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/1001. Accessed 2026-10-19.

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