Constitution Index · H.Con.Res. 40 · 2025-06-23

Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with Iran.

Latest official status (2026-04-16): Motion to reconsider laid on the table Agreed to without objection.

Official source ↗

Constitutional grade

A

Constitutional

This concurrent resolution is fully constitutional. It does not expand federal power, infringe rights, or violate due process. Instead, it reinforces the constitutional separation of war powers by requiring congressional authorization for hostilities, consistent with Article I, Section 8, Clause 11.

Article I, Section 8, Clause 11 Article 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

Congress has explicit constitutional authority under Article I, Section 8, Clause 11 to declare war and to define the limits of military engagement. This resolution exercises that power by directing the President to remove forces from hostilities unless Congress authorizes them. It does not exceed enumerated powers.

Bill of Rights · passes

The resolution does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, fair trial, jury, cruel and unusual punishment, or any other right protected by the Bill of Rights. It addresses only the deployment of armed forces abroad.

Individual liberty · passes

The resolution imposes no restriction on individual persons, property, speech, labor, or belief. It governs the conduct of the executive branch in foreign military operations, not the liberties of any citizen.

Decentralization · passes

The resolution passes all four questions. (1) An individual or family cannot handle international hostilities, so government involvement is necessary. (2) A local community or county cannot handle national war powers. (3) A state cannot handle federal war powers. (4) The resolution does not consolidate decision-making upward; it reinforces the existing constitutional allocation of war powers to Congress, which is the proper level under Article I.

Due process and takings · passes

The resolution does not bypass due process, presume guilt, or take property without just compensation. It provides clear notice and a procedural framework for the President to follow, consistent with the War Powers Resolution and the Fifth Amendment.

Provenance

Grade ID
348
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-09 07:20 UTC
Engine
backup SI engine
Source fetched
2026-10-08 00:07 UTC
Source SHA-256
3de4f99d777d885b3e4de7839b7ba1cc9855ee360bba6150fa09a1734fdb7fb9
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #348 2026-10-09 vfa-constitutional-grade/1.0 3de4f99d777d current

Cite this

Values for America. “Constitutional grade: H.Con.Res. 40, Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with Iran..” VFA Constitution Index, grade 348 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/348. Accessed 2026-10-19.

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