Constitution Index · S. 2882 · 2025-09-18

Continuing Appropriations and Extensions and Other Matters Act, 2026

Latest official status (2025-10-09): Motion by Senator Schumer to reconsider, under the order of 10/9/2025, not having voted on the prevailing side, the vote by which the third cloture motion on the motion to proceed to S. 2882 was not invoked (Record Vote No. 557) entered in Senate.

Official source ↗

Constitutional grade

A

Constitutional

Temporary funding of authorized federal operations with tax and spending powers is core Article I activity, with no rights burden, no liberty restriction, and no taking or process denial.

Article I Article I, Section 9, Clause 7 Article I, Section 8, Clause 1 Article I, Section 8, Clause 17 Amendment I Amendment II Amendment IV Amendment X 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 appropriate funds under Article I, Section 9, Clause 7 and to lay and collect taxes and provide for the general welfare under Article I, Section 8, Clause 1. Continuing FY2026 appropriations, extending the premium tax credit, funding Medicaid, and authorizing District of Columbia local spending under Article I, Section 8, Clause 17 fall within those powers.

Bill of Rights · passes

No provision restricts speech, religion, press, assembly under the First Amendment, arms under the Second Amendment, or imposes searches under the Fourth Amendment. Funding health exchanges and Medicaid expands access and does not compel speech or seize property.

Individual liberty · passes

The bill does not restrict personal conduct, property use, labor, speech, or belief. It funds government operations and extends tax credits and Medicaid support, which leave individual choice to purchase exchange coverage intact. No compelling-justification test is triggered because no individual liberty is burdened.

Decentralization · passes

Funding existing federal agencies through a temporary continuing resolution maintains the minimum necessary federal level and does not create a new federal regulatory regime. While health finance can involve states under the Tenth Amendment, this bill continues existing joint federal-state programs and limits central withholding power, rather than consolidating new decision-making upward.

Due process and takings · passes

No criminal penalty, forfeiture, or property seizure without notice and hearing under the Fifth Amendment Due Process Clause. No taking without just compensation under the Fifth Amendment Takings Clause. Limiting Office of Management and Budget withholding and extending availability of withheld funds strengthens procedural regularity and the Article I, Section 9, Clause 7 requirement that funds be drawn only pursuant to appropriations.

Provenance

Grade ID
189
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-08 10:42 UTC
Engine
primary SI engine
Source fetched
2026-10-08 09:43 UTC
Source SHA-256
015afb1ed78184b24114286d9f22f3254ad5737172113c7ba752dcd43af734fb
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #189 2026-10-08 vfa-constitutional-grade/1.0 015afb1ed781 current

Cite this

Values for America. “Constitutional grade: S. 2882, Continuing Appropriations and Extensions and Other Matters Act, 2026.” VFA Constitution Index, grade 189 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/189. Accessed 2026-10-19.

Permalink: https://www.valuesforamerica.com/constitution-index/grades/189

Data: this grade as JSON · full export. Attribution required.

← The Constitution Index