Constitution Index · H.R. 6359 · 2025-12-02
Pregnant Students’ Rights Act
Latest official status (2026-01-26): Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 303.
Constitutional grade
A
Constitutional
The bill is a permissible exercise of Congress's spending power. It attaches a narrow information-disclosure condition to voluntary participation in federal student aid programs, does not restrict student speech, privacy, or reproductive choice, and does not commandeer state governments or take property. It is consistent with the Constitution.
Article I, Section 8, Clause 1 Amendment 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 authority under Article I, Section 8, Clause 1 to spend for the general welfare and to attach conditions to the receipt of federal funds. Because this bill conditions participation in federal student aid programs on providing pregnant students with information about existing resources, accommodations, and complaint procedures, it is a valid exercise of the spending power rather than an independent federal mandate over education.
Bill of Rights · passes
No First Amendment right is infringed. The bill requires institutions to provide factual information about existing resources and legal complaint procedures; it does not compel ideological speech, punish student expression, restrict assembly, or burden religious exercise. It also does not implicate the Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments. The First Amendment permits narrowly tailored factual disclosure requirements tied to federal funds.
Individual liberty · passes
The bill does not restrict what a pregnant student may do with her own body, property, speech, labor, or beliefs. It does not require or prohibit abortion, childbirth, or parenting. It only requires institutions to provide information about resources for students who choose to carry a pregnancy to term and about accommodations and complaint procedures. Students retain full freedom of choice, so no individual sovereignty right is burdened.
Decentralization · passes
The bill does not commandeer state governments or preempt state authority over education. It operates through the federal government's own student aid program and leaves universities and states substantial latitude in implementing accommodations and identifying resources. An individual student cannot, without institutional obligation, compel comprehensive disclosure; a local community cannot bind every federally funded institution; and a state cannot dictate the conditions of federal funds. The condition follows federal spending and does not unnecessarily consolidate state or local decision-making.
Due process and takings · passes
The bill imposes no fine, penalty, forfeiture, or deprivation. It does not create a presumption of guilt or bypass a hearing. It also does not take private property; institutions voluntarily participate in federal student aid programs and may decline the funds if they do not wish to comply with the disclosure condition. The Fifth Amendment's Due Process and Takings Clauses are not implicated.
Provenance
- Congress.gov: HR 6359 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #389 | 2026-10-09 | vfa-constitutional-grade/1.0 | e54cc593a461 | current |
Cite this
Values for America. “Constitutional grade: H.R. 6359, Pregnant Students’ Rights Act.” VFA Constitution Index, grade 389 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/389. Accessed 2026-10-20.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/389
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