Constitution Index · H.Con.Res. 38 · 2025-06-17
Directing the President pursuant to section 5(c) of the War Powers Resolution to remove United States Armed Forces from unauthorized hostilities in the Islamic Republic of Iran.
Latest official status (2026-03-05): Motion to reconsider laid on the table Agreed to without objection.
Constitutional grade
A
Constitutional
This concurrent resolution is fully constitutional. It exercises Congress's enumerated power to declare war and to oversee the use of military force, consistent with Article I, Section 8, Clause 11 and the War Powers Resolution. It does not infringe any rights under the Bill of Rights, does not restrict individual sovereignty, respects decentralization by keeping war powers at the federal level while reinforcing congressional authority over the executive, and raises no due process or takings concerns.
Article I, Section 8, Clause 11 Amendment X
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 the constitutional authority to declare war and to direct the removal of armed forces from unauthorized hostilities under Article I, Section 8, Clause 11. This resolution is a proper exercise of that power and is consistent with the War Powers Resolution (50 U.S.C. 1541-1548).
Bill of Rights · passes
The resolution does not implicate any provision of the first ten amendments. It addresses the use of military force abroad and does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment.
Individual liberty · passes
The resolution does not restrict what individuals may do with their person, property, speech, labor, or belief. It directs the President to terminate unauthorized hostilities, which is a government action concerning the military, not individual liberty.
Decentralization · passes
The resolution passes all four questions of the decentralization test. (1) An individual cannot handle war; it is a national matter. (2) A local community cannot handle war. (3) A state cannot handle war; foreign policy and military action are exclusively federal. (4) The resolution does not consolidate decision-making upward; it reasserts Congress's constitutional role over the executive, which is a proper check and balance. It does not violate the Tenth Amendment.
Due process and takings · passes
The resolution does not bypass due process, presume guilt, or take property without just compensation. It is a directive to the President regarding military operations and does not affect any person's procedural or substantive due process rights or property interests.
Provenance
- Congress.gov: HCONRES 38 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #352 | 2026-10-09 | vfa-constitutional-grade/1.0 | add99fb2897e | current |
Cite this
Values for America. “Constitutional grade: H.Con.Res. 38, Directing the President pursuant to section 5(c) of the War Powers Resolution to remove United States Armed Forces from unauthorized hostilities in the Islamic Republic of Iran..” VFA Constitution Index, grade 352 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/352. Accessed 2026-10-20.
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