Constitution Index · H.Res. 1340 · 2026-06-04
Expressing strong opposition to the imposition of digital services taxes and other relevant similar measures by other countries that unfairly discriminate against United States companies.
Latest official status (2026-06-04): Referred to the Committee on Ways and Means, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Constitutional grade
A
Constitutional
This resolution is a non-binding expression of congressional opinion and a directive to executive agencies to use existing legal tools to respond to foreign digital services taxes that discriminate against U.S. companies. It does not enact new law, impose domestic obligations, or restrict individual rights. It falls within Congress's enumerated powers over foreign commerce and foreign affairs, and it does not infringe on any constitutional protections. The resolution appropriately supports the use of existing trade remedies, such as Section 301 investigations, which are consistent with U.S. treaty obligations and statutory authority.
Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 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 · passes
Congress has explicit authority to regulate foreign commerce under Article I, Section 8, Clause 3, and to enact laws necessary and proper to execute its foreign commerce powers under Article I, Section 8, Clause 18. The resolution addresses foreign digital services taxes that discriminate against U.S. companies, which directly implicates foreign commerce and international trade. The resolution is a non-binding expression of congressional sentiment and a directive to executive agencies to use existing statutory tools, such as Section 301 of the Trade Act of 1974, which are grounded in Congress's foreign commerce power. It does not exceed enumerated powers.
Bill of Rights · passes
The resolution does not infringe on 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, unenumerated rights, or reserved powers. It is a statement of policy and a directive to use existing trade remedies, which do not implicate individual rights protected by the Bill of Rights.
Individual liberty · passes
The resolution does not restrict what individuals can do with their person, property, speech, labor, or belief. It addresses foreign government taxation of U.S. companies, which is a matter of international trade policy, not individual conduct. The resolution imposes no new obligations on individuals and does not require any individual to act or refrain from acting. Therefore, it does not infringe on individual sovereignty.
Decentralization · passes
The resolution concerns foreign trade policy, which is inherently a federal matter. The Constitution grants the federal government exclusive authority over foreign commerce (Article I, Section 8, Clause 3), and the Tenth Amendment reserves to the states only those powers not delegated to the federal government. Foreign trade cannot be handled by individuals, local communities, or states because it involves international relations and treaty obligations. The resolution does not consolidate decision-making upward beyond the minimum necessary; it merely expresses congressional opinion and directs executive agencies to use existing federal tools. Therefore, it passes all four questions.
Due process and takings · passes
The resolution does not bypass due process or take property without just compensation. It is a non-binding resolution that does not enact any law or regulation. It does not affect any individual's procedural or substantive due process rights, nor does it involve any taking of private property. The resolution merely supports the use of existing trade remedies, which are subject to statutory and international legal processes.
Provenance
- Congress.gov: HRES 1340 summary · fetched 2026-10-14 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #1002 | 2026-10-14 | vfa-constitutional-grade/1.0 | 87a04567f862 | current |
Cite this
Values for America. “Constitutional grade: H.Res. 1340, Expressing strong opposition to the imposition of digital services taxes and other relevant similar measures by other countries that unfairly discriminate against United States companies..” VFA Constitution Index, grade 1002 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/1002. Accessed 2026-10-19.
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