Constitution Index · S.Res. 412 · 2025-09-18
An executive resolution authorizing the en bloc consideration in Executive Session of certain nominations on the Executive Calendar.
Latest official status (2025-10-03): Resolution agreed to in Senate without amendment by Yea-Nay Vote. 51 - 46. Record Vote Number: 541.
Constitutional grade
A
Constitutional
S. Res. 412 is an internal Senate procedural rule for voting on nominations en bloc. It rests on explicit Article I, Section 5 and Article II, Section 2 authority, infringes no rights, takes no property, and consolidates no power.
Article I, Section 5 Article II, Section 2 Article I, Section 5, Clause 2 Article II, Section 2, Clause 2 Amendment I Amendment II Amendment IV Amendment X Amendment V Amendment XIV
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
The Senate has explicit authority to act. Article I, Section 5, Clause 2 provides Each House may determine the Rules of its Proceedings. Article II, Section 2, Clause 2 provides the Senate's advice and consent role for Officers and Ambassadors. Authorizing en bloc consideration of Executive Calendar nominations is squarely within those grants.
Bill of Rights · passes
The resolution only sets Senate procedure for grouping nominations for votes. It does not limit speech, religion, assembly, press, arms, search protections, trial rights, or other rights under Amendments 1-10. No First Amendment, Second Amendment, Fourth Amendment, or other Bill of Rights interest is implicated.
Individual liberty · passes
The resolution restricts no personal conduct, property use, speech, labor, or belief. It governs only internal Senate voting order. No burden on individual sovereignty exists for the government to justify.
Decentralization · passes
Advice and consent on nominations is an exclusive Senate function under Article II, Section 2, Clause 2 and rulemaking under Article I, Section 5, Clause 2. Individuals, counties, and states cannot confirm federal officers and ambassadors. The resolution does not move power upward to a higher level; it exercises existing Senate power in its own chamber with no Tenth Amendment violation.
Due process and takings · passes
No liberty or property interest is adjudicated, no criminal process is involved, and no property is taken. Procedural due process under the Fifth Amendment and Fourteenth Amendment and the Takings Clause of the Fifth Amendment are not triggered by a Senate voting procedure.
Provenance
- Official text: SRES 412 (Agreed to Senate) · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #191 | 2026-10-08 | vfa-constitutional-grade/1.0 | 12d878276354 | current |
Cite this
Values for America. “Constitutional grade: S.Res. 412, An executive resolution authorizing the en bloc consideration in Executive Session of certain nominations on the Executive Calendar..” VFA Constitution Index, grade 191 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/191. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/191
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