Constitution Index · H.R. 5763 · 2025-10-14
Main Street Parity Act
Latest official status (2026-01-26): Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.
Constitutional grade
B
Mostly sound
The Main Street Parity Act is likely constitutional. Congress has the spending and commerce power to administer Small Business Administration lending, the bill does not infringe the Bill of Rights or individual sovereignty, and it creates no due-process or takings problem. Its only constitutional tension is that it operates through a federal lending program rather than a more decentralized state, local, or private vehicle. That is a structural preference, not a rights violation, so the bill is mostly sound and fixable.
Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Amendment IX Amendment X 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 may provide for the general welfare and spend money under Article I, Section 8, Clause 1, and it may regulate lending and economic activity that substantially affects interstate commerce under Article I, Section 8, Clause 3. The bill merely adjusts borrower-equity thresholds for an existing SBA program; it does not create a new federal mandate or regulate purely private conduct outside Congress's enumerated powers.
Bill of Rights · passes
The bill imposes no restriction on speech, press, religion, assembly, petition, bearing arms, quartering soldiers, searches, self-incrimination, trial rights, juries, or cruel punishment. It changes only the equity requirement for a voluntary federal loan, so none of the protections in the first ten amendments is implicated.
Individual liberty · passes
This measure reduces a condition for obtaining a voluntary federal loan and therefore expands what a borrower may do with private property and enterprise. It does not restrict personal liberty, labor, speech, or belief, and it imposes no burden requiring compelling constitutional justification. The Ninth Amendment's reservation of unenumerated rights is not threatened.
Decentralization · raises concerns · severity: minor
Small-business financing could in principle be handled by private lenders, local lending programs, or state-level initiatives, so the federal SBA is not the most decentralized vehicle. The bill does not commandeer states or individuals and does not preempt local action, but it does continue and adjust a federal loan program rather than returning the function to a lower level. This is a modest structural tension with the Tenth Amendment principle that powers not delegated to the United States are reserved to the states and the people.
Due process and takings · passes
The bill does not deprive anyone of life, liberty, or property, deny a hearing, or impose a penalty. It changes eligibility terms for a discretionary federal loan program. No property is taken for public use, so the Fifth Amendment's Takings Clause and due process protections are not violated.
Provenance
- Congress.gov: HR 5763 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #366 | 2026-10-09 | vfa-constitutional-grade/1.0 | b39f0c6134d6 | current |
Cite this
Values for America. “Constitutional grade: H.R. 5763, Main Street Parity Act.” VFA Constitution Index, grade 366 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/366. Accessed 2026-10-20.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/366
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