Constitution Index · H.R. 9497 · 2026-06-29
Water Resources Development Act of 2026
Latest official status (2026-09-17): Received in the Senate.
Constitutional grade
A
Constitutional
Authorizing Army Corps navigation, port, flood-control, and restoration work falls squarely within Commerce Clause and spending powers, with no rights restriction, sovereignty burden, or due process taking.
Article I, Section 8, Clause 3 Article I, Section 8, Clause 1 Article I, Section 8, Clause 18 Amendment X Amendment I Amendment II Amendment IV Amendment V Amendment XIV Amendment VI
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
Federal authority exists under Article I, Section 8, Clause 3 to regulate commerce on navigable waters, ports, and harbors, combined with Article I, Section 8, Clause 1 spending for general welfare and Article I, Section 8, Clause 18 to carry out those powers. Maintaining navigability, flood control on interstate waters, and Army Corps civil works are long-settled exercises of those powers.
Bill of Rights · passes
No First through Tenth Amendment rights are infringed. The bill authorizes studies, navigation, flood control, ecosystem restoration, and dam rehabilitation. It does not restrict speech under the First Amendment, arms under the Second Amendment, or authorize searches under the Fourth Amendment, nor compel testimony under the Fifth Amendment.
Individual liberty · passes
No restriction on person, property, speech, labor, or belief. The bill directs government infrastructure work and studies; it does not prohibit private conduct, compel labor, or condition belief. Any incidental property use for projects requires separate lawful process with compensation under the Fifth Amendment.
Decentralization · passes
Four-question test passes. (1) Individuals cannot maintain interstate ports, navigable channels, or flood systems. (2) Local counties cannot manage interstate river systems and coastal harbors. (3) States alone cannot regulate interstate navigable waters that cross boundaries. (4) Action does not consolidate beyond minimum necessary; it addresses inherently interstate navigation and flood control while leaving water supply and recreation primarily state-local.
Due process and takings · passes
No bypass of procedural due process under the Fifth Amendment and Fourteenth Amendment, no presumption-of-innocence issue under the Sixth Amendment, and no taking without just compensation. Project authorizations remain subject to acquisition, condemnation with compensation, and environmental review procedures. Categorical permissions are limited to minimal adverse effects.
Provenance
- Congress.gov: HR 9497 summary · fetched 2026-09-21 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #228 | 2026-10-08 | vfa-constitutional-grade/1.0 | fe66cfa141bf | current |
Cite this
Values for America. “Constitutional grade: H.R. 9497, Water Resources Development Act of 2026.” VFA Constitution Index, grade 228 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/228. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/228
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