National Defense Authorization Act for Fiscal Year 2026

Enumerated powers · passes

Congress has explicit authority over national defense: Article I, Section 8, Clauses 11-16 covering declaration of war, raising and supporting armies, providing and maintaining a navy, regulating forces, and calling forth the militia, plus Clause 18 necessary and proper authority and Article I, Section 9 appropriations framework. Authorizing defense programs, personnel levels, construction, and Department of Energy national security programs falls squarely within those grants.

Bill of Rights · passes

No provision described restricts speech, religion, press, assembly, arms, searches, trial rights, or other protections under Amendments 1-10. Procurement, personnel levels, construction, readiness, deterrence posture, biotechnology strategy, and repeal of internal diversity offices do not on their face infringe the Bill of Rights. Tenth Amendment reserved powers are not infringed because national defense is a delegated federal power.

Individual liberty · passes

The bill does not restrict what a person may do with their person, property, speech, labor, or belief. It governs Department of Defense organization, procurement, and posture. No mandate, prohibition, or compelled belief is placed on private individuals, so no individual-sovereignty justification burden is triggered.

Decentralization · passes

National defense is the core case where higher-level action is the minimum necessary. Individuals, counties, and states cannot separately provide for common defense, maintain naval forces, or deter foreign aggression. The bill keeps decision-making at the federal level where the Constitution places it, and does not pull traditionally local matters upward. Tenth Amendment is satisfied.

Due process and takings · passes

No bypass of notice, hearing, presumption of innocence, or judicial process is described. Authorization of procurement, personnel strengths, and construction does not take private property; any future taking would still require just compensation under the Fifth Amendment Takings Clause. Action is non-arbitrary and tied to legislated purposes.