Constitution Index · S.J.Res. 138 · 2026-03-19
A joint resolution providing for congressional disapproval of the proposed foreign military sale to the Government of Israel of certain defense articles and services.
Latest official status (2026-04-15): Motion to discharge Senate Committee on Foreign Relations rejected by Yea-Nay Vote. 36 - 63. Record Vote Number: 81. (consideration: CR S1779)
Constitutional grade
A
Constitutional
The joint resolution is a valid exercise of Congress's enumerated power over foreign commerce and foreign affairs, does not infringe on any constitutional rights, and appropriately delegates decision-making to the federal level where foreign military sales are constitutionally committed. The resolution is fully constitutional.
Article I, Section 8, Clause 3 Article I, Section 8, Clause 11 Amendment II
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 over foreign commerce and foreign affairs. Article I, Section 8, Clause 3 grants Congress the power to regulate commerce with foreign nations, and Article I, Section 8, Clause 11 grants the power to declare war, which includes oversight of military sales. Additionally, the President's foreign military sales are subject to congressional approval under the Arms Export Control Act, and this joint resolution is a proper exercise of Congress's legislative authority to disapprove such sales.
Bill of Rights · passes
The resolution does not implicate 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, trial rights, or cruel and unusual punishment. The Second Amendment is not implicated because the resolution concerns a foreign military sale to a foreign government, not the rights of individuals to keep and bear arms.
Individual liberty · passes
The resolution restricts the actions of the executive branch in conducting foreign military sales, not the actions of individuals. It does not restrict any person's use of their person, property, speech, labor, or belief. The burden of justification for restricting individual liberty is not triggered because no individual liberty is restricted.
Decentralization · passes
The resolution concerns a foreign military sale, which is inherently a matter of national foreign policy and cannot be handled by individuals, local communities, or states. The federal government is the only level of government with constitutional authority to conduct foreign affairs. The resolution does not consolidate decision-making upward; it is already at the federal level, and Congress is exercising its constitutional role in foreign affairs.
Due process and takings · passes
The resolution does not deprive any person of life, liberty, or property without due process of law, nor does it take private property for public use without just compensation. It is a legislative act of disapproval, subject to the full legislative process, including bicameral passage and presentment to the President, which satisfies procedural due process. The action is not arbitrary but is a deliberate exercise of Congress's constitutional authority.
Provenance
- Congress.gov: SJRES 138 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #809 | 2026-10-13 | vfa-constitutional-grade/1.0 | 99fd10e1682a | current |
Cite this
Values for America. “Constitutional grade: S.J.Res. 138, A joint resolution providing for congressional disapproval of the proposed foreign military sale to the Government of Israel of certain defense articles and services..” VFA Constitution Index, grade 809 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/809. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/809
Data: this grade as JSON · full export. Attribution required.