Constitution Index · H.R. 2035 · 2025-03-11

American Cargo for American Ships Act

Latest official status (2025-06-10): Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

Official source ↗

Constitutional grade

C

Significant issues

The bill raises significant constitutional concerns by expanding federal cargo preference requirements beyond the traditional 50% threshold to 100% for DOT-related ocean transport. While Congress has authority under the Commerce Clause to regulate interstate and foreign commerce, the 100% mandate may overreach by effectively reserving all such transport for U.S.-flagged vessels, potentially burdening foreign commerce and raising due process and takings concerns for affected parties. The bill also centralizes decision-making at the federal level, failing the decentralization test.

Article I, Section 8, Clause 3 Article I, Section 8, Clause 1 Amendment V

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The five checks

Enumerated powers · passes

Congress has authority under Article I, Section 8, Clause 3 (Commerce Clause) to regulate commerce with foreign nations and among the several states. Requiring U.S.-flagged vessels for federally financed ocean transport falls within this power, as it directly regulates commercial shipping and federal procurement. The bill's scope is limited to DOT and its funding recipients, which is a legitimate exercise of the spending power under Article I, Section 8, Clause 1, as conditions on federal funds are permissible if they are related to the federal interest.

Bill of Rights · passes

The bill does not infringe on any of the first ten amendments. It 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 unenumerated rights. The requirement applies to commercial shipping, not to individual rights.

Individual liberty · raises concerns · severity: significant

The bill restricts the freedom of DOT and its funding recipients to contract for ocean transport services as they see fit, mandating that 100% of such transport be on U.S.-flagged vessels. While the government has a compelling interest in supporting the U.S. merchant marine, the 100% requirement is a significant restriction on economic liberty and may not be the least restrictive means to achieve that interest. The burden is on the government to justify this restriction, and the bill does not provide a compelling justification for exceeding the existing 50% requirement.

Decentralization · raises concerns · severity: significant

The bill fails the decentralization test. (1) Individuals and families cannot handle ocean transport of DOT cargo without government involvement, so the first question is answered 'no.' (2) Local communities and counties cannot handle this, so the second question is 'no.' (3) States could potentially handle this without federal involvement, as states have their own procurement and transportation needs, but the bill imposes a federal mandate on states receiving DOT funds, so the third question is 'no.' (4) The bill consolidates decision-making at the federal level by imposing a uniform 100% requirement, which is higher than the minimum necessary, as the existing 50% requirement already provides a baseline. Thus, the bill fails three of the four questions, earning a 'D' on this test.

Due process and takings · raises concerns · severity: significant

The bill may raise due process and takings concerns. It imposes a new 100% requirement on DOT and funding recipients, which could disrupt existing contracts and impose additional costs. While the bill includes a 'fair and reasonable rates' exception, it does not provide a clear process for affected parties to challenge the application of the requirement or seek compensation for any losses. This could constitute a taking of property (contract rights) without just compensation, in violation of the Fifth Amendment's Takings Clause. Additionally, the bill may lack procedural due process by not providing adequate notice and hearing for those affected.

Provenance

Grade ID
514
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-10 15:20 UTC
Engine
backup SI engine
Source fetched
2026-10-08 09:43 UTC
Source SHA-256
d6f5db92efc644405f3ed8b95cd18fbf3ba8858359a1cd5ec6bb2885dbcde2eb
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
C · #514 2026-10-10 vfa-constitutional-grade/1.0 d6f5db92efc6 current

Cite this

Values for America. “Constitutional grade: H.R. 2035, American Cargo for American Ships Act.” VFA Constitution Index, grade 514 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/514. Accessed 2026-10-20.

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