Constitution Index · H.R. 5371 · 2025-09-16
Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026
Latest official status (2025-11-12): Became Public Law No: 119-37.
Constitutional grade
A
Constitutional
HR 5371 is a routine exercise of Congress's core appropriations power under Article I, Sections 8 and 9. It ends the shutdown by funding federal operations, imposes no restriction on individual rights, takes no property, and federalizes no state or private function. The SI analysis finds it fully constitutional.
Article I Article I, Section 8, Clause 1 Article I, Section 9, Clause 7 Amendment IX Amendment X Amendment I 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
Appropriating money is an express federal power. Article I, Section 8, Clause 1 authorizes Congress to pay the debts and provide for the general welfare, and Article I, Section 9, Clause 7 provides that no money shall be drawn from the Treasury but in consequence of appropriations made by law. This Act does exactly that: continuing and full-year FY2026 appropriations. Agriculture, military construction, veterans affairs, and legislative branch funding fall within established federal functions.
Bill of Rights · passes
The Act makes no restriction on speech, religion, press, assembly, arms, searches, trial rights, or other protections in the First through Eighth Amendments. It funds government operations at prior-year levels and extends programs; it creates no speech code, no search authority, no disarmament, and no punishment. No Ninth Amendment unenumerated right or Tenth Amendment reserved power is infringed by Congress exercising its own spending power.
Individual liberty · passes
The Act restricts no personal conduct regarding person, property, speech, labor, or belief. It directs how the government may spend its own funds during the covered period. The burden analysis under the First Amendment and Fifth Amendment liberty principles is satisfied because there is no individual restriction to justify.
Decentralization · passes
Funding the operations of the federal government itself cannot be performed at a lower level. (1) Individuals/families cannot appropriate federal funds or operate federal agencies. (2) Local communities cannot fund and direct federal agencies. (3) States cannot appropriate federal Treasury funds. (4) The Act does not consolidate upward beyond the minimum necessary - it funds existing federal functions and three full-year bills, rather than federalizing state or local functions, consistent with the Tenth Amendment.
Due process and takings · passes
The Act provides prospective funding under published statutory rates through January 30, 2026, with full-year amounts for three divisions. It gives fair notice of funding levels, creates no criminal liability, presumption of guilt, summary seizure, or property taking. No Fifth Amendment Takings Clause compensation is triggered because no private property is taken for public use; disbursement limits preserve rather than bypass congressional process.
Provenance
- Congress.gov: HR 5371 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #185 | 2026-10-08 | vfa-constitutional-grade/1.0 | 71a6fa503ae5 | current |
Cite this
Values for America. “Constitutional grade: H.R. 5371, Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026.” VFA Constitution Index, grade 185 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/185. Accessed 2026-10-19.
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