Constitution Index · S.Con.Res. 39 · 2026-08-07

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 (2026-08-07): Placed on Senate Legislative Calendar under General Orders. Calendar No. 551. (text: CR S4577-4583)

Official source ↗

Constitutional grade

B

Mostly sound

The concurrent resolution is a procedural budget framework that does not itself enact specific spending or revenue changes. It operates within Congress's constitutional power of the purse, but its reconciliation instructions and enforcement mechanisms raise minor concerns about bypassing normal legislative deliberation and consolidating budgetary decision-making at the federal level.

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, and to provide for the common defense and general welfare. Article I, Section 9, Clause 7 requires appropriations by law. The budget resolution is a congressional exercise of these powers, setting overall fiscal parameters and directing committees to propose legislation. It does not exceed enumerated powers because it is a procedural framework for exercising Congress's constitutional authority over spending and revenue.

Bill of Rights · passes

The resolution does not directly infringe on any of the first ten amendments. It does not regulate speech, religion, assembly, press, petition, arms, quartering, searches, seizures, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. Its provisions are budgetary and procedural, not rights-restricting.

Individual liberty · passes

The resolution does not directly restrict individual liberty, property, speech, labor, or belief. It sets budget levels and instructs committees to propose legislation, but any actual restrictions would come from subsequent legislation, which would be subject to separate constitutional review. The resolution itself does not impose mandates or prohibitions on individuals.

Decentralization · raises concerns · severity: minor

The resolution fails the decentralization test because it consolidates decision-making at the federal level for a wide range of spending and revenue matters. While the federal government has constitutional authority over its own budget, the resolution's scope includes many areas that could be handled by states or localities, and it sets national priorities that preempt or influence state and local choices. However, it does not directly violate the Tenth Amendment because it is a congressional internal procedure, not a command to states.

Due process and takings · passes

The resolution does not take property or bypass due process. It is a legislative framework that will be followed by subsequent legislation, which must comply with the Fifth Amendment's Due Process and Takings Clauses. The reconciliation process, while expedited, still requires committee action, floor votes, and presidential approval (or veto override) for any resulting legislation, providing adequate procedural safeguards.

Provenance

Grade ID
1041
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-20 02:20 UTC
Engine
backup SI engine
Source fetched
2026-10-14 17:07 UTC
Source SHA-256
5237f383f771c75631a5570547cb371147477704373f33cf10551d1620d25f03
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
B · #1041 2026-10-20 vfa-constitutional-grade/1.0 5237f383f771 current

Cite this

Values for America. “Constitutional grade: S.Con.Res. 39, 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 1041 (rubric vfa-constitutional-grade/1.0), graded October 20, 2026. https://www.valuesforamerica.com/constitution-index/grades/1041. Accessed 2026-10-20.

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