Constitution Index · S. 5189 · 2026-07-30

A bill to amend title 10, United States Code, and the National Defense Authorization Act for Fiscal Year 1994, to codify and clarify gender neutral standards for members of certain Armed Forces, and for other purposes.

Latest official status (2026-07-30): Read twice and referred to the Committee on Armed Services.

Official source ↗

Constitutional grade

A

Constitutional

This bill is fully constitutional. It operates within Congress's enumerated power to regulate the Armed Forces, does not infringe any Bill of Rights protections, respects individual sovereignty by removing gender-based barriers to service, passes all four decentralization questions (military standards are inherently federal), and does not violate due process or takings protections.

Article I, Section 8, Clause 12 Article I, Section 8 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 constitutional authority under Article I, Section 8, Clause 12 to raise and support Armies, and under Clause 14 to make rules for the government and regulation of the land and naval forces. This bill directly governs military occupational standards and personnel assignments, which falls squarely within that enumerated power.

Bill of Rights · passes

The bill does not restrict speech, religion, press, assembly, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, jury rights, or cruel and unusual punishment. It imposes no criminal penalties or searches. It does not infringe any of the first ten amendments.

Individual liberty · passes

The bill expands individual freedom by prohibiting the government from excluding individuals from military positions based on gender. It does not restrict what any person may do with their own person, property, speech, labor, or belief. The requirement that occupational standards be gender-neutral and scientifically determined actually protects individuals from arbitrary government discrimination.

Decentralization · passes

Military occupational standards are inherently a federal function under Article I, Section 8. An individual cannot set military standards for the entire force. Local communities cannot set uniform national standards. States cannot regulate the federal armed forces. This action does not consolidate decision-making upward because the military is already constitutionally a federal responsibility. The Tenth Amendment reserves to the states powers not delegated to the United States, but regulating the Armed Forces is explicitly delegated.

Due process and takings · passes

The bill provides procedural due process by requiring a rigorous scientific process for establishing standards, giving members at least 18 months to meet new physical requirements, and requiring congressional notification and justification for changes. It does not take private property without just compensation. It does not bypass any fair hearing or notice requirements.

Provenance

Grade ID
952
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-14 20:20 UTC
Engine
backup SI engine
Source fetched
2026-10-14 12:07 UTC
Source SHA-256
0fc993b6c625b0ce5920ab1447e4a125394521b69838d115c8cf8e218b2aecd6
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #952 2026-10-14 vfa-constitutional-grade/1.0 0fc993b6c625 current

Cite this

Values for America. “Constitutional grade: S. 5189, A bill to amend title 10, United States Code, and the National Defense Authorization Act for Fiscal Year 1994, to codify and clarify gender neutral standards for members of certain Armed Forces, and for other purposes..” VFA Constitution Index, grade 952 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/952. Accessed 2026-10-19.

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