Constitution Index · S.Con.Res. 40 · 2026-09-22
A concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2027 and setting forth the appropriate budgetary levels for fiscal years 2028 through 2036.
Latest official status (2026-09-22): Placed on Senate Legislative Calendar under General Orders. Calendar No. 677.
Constitutional grade
B
Mostly sound
This concurrent resolution establishes a congressional budget framework for FY2027-2036. It does not itself authorize any specific spending or revenue programs, but sets aggregate levels and enforcement procedures. The resolution is generally constitutional because Congress has clear enumerated power over the budget (Article I, Section 8, Clause 1; Article I, Section 9, Clause 7). However, the grade is B rather than A because the resolution's enforcement mechanisms and long-term projections could, depending on implementation, create minor tensions with decentralization principles and individual sovereignty if they lead to federal overreach into state or personal affairs. No direct rights infringements are present in the text itself.
Article I, Section 8, Clause 1 Article I, Section 9, Clause 7 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
Article I, Section 8, Clause 1 grants Congress the power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare. Article I, Section 9, Clause 7 requires that no money be drawn from the Treasury but in consequence of appropriations made by law. This concurrent resolution is a budget framework that sets recommended levels for revenues, spending, deficits, and debt, which falls squarely within Congress's enumerated powers over the federal purse. It does not itself appropriate funds or impose taxes, but establishes guidelines for subsequent legislation.
Bill of Rights · passes
The resolution 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, or any other right protected by the first ten amendments. It is a fiscal framework document with no provisions that directly infringe upon any enumerated right. The enforcement procedures (e.g., adjustments for disaster relief, health care fraud control) are procedural and do not target protected conduct.
Individual liberty · passes
The resolution does not restrict what individuals may do with their person, property, speech, labor, or belief. It sets aggregate budget levels and enforcement procedures for Congress's internal budgeting process. While future implementing legislation could impose restrictions on individuals, this resolution itself imposes no direct constraints on individual liberty. The burden on government to justify restrictions is not triggered here because no restrictions are imposed.
Decentralization · raises concerns · severity: minor
The resolution fails the decentralization test because it consolidates decision-making at the federal level for broad categories of spending that could be handled by states or localities. Specifically, the resolution sets budget levels for major functional categories including areas traditionally under state and local control (e.g., education, transportation, health). While Congress has enumerated power over the federal budget, the Tenth Amendment reserves to the states powers not delegated to the United States. A federal budget that presumes federal primacy in areas of traditional state concern fails the decentralization principle. However, the resolution is a framework, not a specific program authorization, so the severity is minor.
Due process and takings · passes
The resolution does not bypass due process, presume guilt, or take property without just compensation. It is a legislative budget framework that sets aggregate levels and internal enforcement procedures. No individual is deprived of life, liberty, or property by this resolution. The Fifth Amendment's Due Process Clause and Takings Clause are not implicated because the resolution does not authorize any specific government action against persons or property.
Provenance
- Congress.gov: SCONRES 40 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #892 | 2026-10-14 | vfa-constitutional-grade/1.0 | 3f09884b74c9 | current |
Cite this
Values for America. “Constitutional grade: S.Con.Res. 40, A concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2027 and setting forth the appropriate budgetary levels for fiscal years 2028 through 2036..” VFA Constitution Index, grade 892 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/892. Accessed 2026-10-19.
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