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.
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
- Congress.gov: HCONRES 40 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| 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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