Constitution Index · H.Con.Res. 64 · 2025-12-01
To direct the removal of United States Armed Forces from hostilities within or against Venezuela that have not been authorized by Congress.
Latest official status (2025-12-17): Motion to reconsider laid on the table Agreed to without objection.
Constitutional grade
D
Likely unconstitutional
The purpose of this concurrent resolution is to vindicate Congress's constitutional authority over whether U.S. Armed Forces remain in unauthorized hostilities, which is a legitimate and important constitutional function. However, the measure attempts to bind the President through a concurrent resolution, which is not presented to the President for signature or veto. Under Article I, Section 7, Clause 2, a binding directive to the Executive must take the form of a bill or joint resolution passed by both houses and presented to the President. A concurrent resolution that directs removal is therefore a legislative veto and is likely unconstitutional. To achieve its goal constitutionally, it must be rewritten as a joint resolution or as an appropriations condition or other law.
Article I, Section 7, Clause 2 Article I, Section 8 Article II, Section 2
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 · raises concerns · severity: critical
Congress has explicit authority over the armed forces and the power to declare war under Article I, Section 8, Clauses 11–14. The underlying goal—ensuring military hostilities have congressional authorization—is within Congress's enumerated powers. But a concurrent resolution is not a law and has no presentment to the President under Article I, Section 7, Clause 2. A binding directive in the form of a concurrent resolution exceeds Congress's enumerated authority because it attempts to exercise legislative power without bicameralism and presentment, much like the legislative veto invalidated in INS v. Chadha.
Bill of Rights · passes
This resolution does not implicate any provision of the First through Tenth Amendments. It does not restrict speech, religion, press, assembly, petition, arms, quartering, search and seizure, criminal procedure, or punishment. It concerns the deployment and removal of military forces, not individual civil liberties.
Individual liberty · passes
The resolution does not restrict what individuals may do with their own person, property, speech, labor, or belief. It does not impose conscription, seize property, or criminalize conduct. To the contrary, it seeks to limit unauthorized military action, which generally protects individual sovereignty rather than infringing it.
Decentralization · passes
Foreign military hostilities are inherently a federal matter under Article I, Section 8 and Article II, Section 2. An individual, family, local community, or state cannot conduct national military policy against Venezuela. The federal government is the appropriate level, and the resolution does not consolidate power upward beyond what the Constitution already contemplates for war and foreign affairs.
Due process and takings · passes
No person is deprived of life, liberty, or property by this resolution. It does not deny procedural due process, create presumptions of guilt, or take property without just compensation. The constitutional defect is the legislative form, not a deprivation of individual rights.
Provenance
- Congress.gov: HCONRES 64 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| D · #395 | 2026-10-09 | vfa-constitutional-grade/1.0 | 26079ba1b0f4 | current |
Cite this
Values for America. “Constitutional grade: H.Con.Res. 64, To direct the removal of United States Armed Forces from hostilities within or against Venezuela that have not been authorized by Congress..” VFA Constitution Index, grade 395 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/395. Accessed 2026-10-19.
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