Constitution Index · S. 3385 · 2025-12-08
Lower Health Care Costs Act
Latest official status (2025-12-11): Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 51 - 48. Record Vote Number: 644. (CR S8654-8655)
Constitutional grade
B
Mostly sound
The bill is a federal tax expenditure that extends existing premium tax credit provisions. It operates within Congress's enumerated taxing and spending powers, does not infringe on individual rights, and does not raise due process or takings concerns. However, it consolidates health insurance subsidy policy at the federal level, which could be handled by states or individuals, and thus raises minor decentralization concerns.
Article I, Section 8, Clause 1
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
The bill uses the federal tax system to provide subsidies for health insurance. Congress has the power to lay and collect taxes and to spend for the general welfare under Article I, Section 8, Clause 1. The premium tax credit is a tax expenditure, and extending it is a valid exercise of the taxing and spending power. The bill does not regulate commerce or mandate purchases; it only modifies tax credits.
Bill of Rights · passes
The bill does not restrict speech, religion, assembly, press, petition, the right to bear arms, or any other enumerated right. It does not involve searches, seizures, self-incrimination, or cruel and unusual punishment. It is a purely financial incentive, not a restriction on liberty.
Individual liberty · passes
The bill does not restrict individual freedom. It expands eligibility for a tax credit, which is a benefit, not a burden. Individuals remain free to choose their own health insurance or not. The bill does not compel any action or restrict any personal choice.
Decentralization · raises concerns · severity: minor
The bill fails the decentralization test because it continues and extends a federal program that could be handled at the state or individual level. While individuals and families cannot fully handle health insurance costs alone, states could design their own subsidy programs. The federal government is consolidating decision-making about health insurance subsidies at the national level, which is not the minimum necessary.
Due process and takings · passes
The bill does not deprive anyone of life, liberty, or property without due process. It does not take property for public use without just compensation. It only provides a tax credit, which is a benefit, and does not impose any penalty or seizure.
Provenance
- Congress.gov: S 3385 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #821 | 2026-10-13 | vfa-constitutional-grade/1.0 | e6a00775c3f1 | current |
Cite this
Values for America. “Constitutional grade: S. 3385, Lower Health Care Costs Act.” VFA Constitution Index, grade 821 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/821. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/821
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