Constitution Index · S.Res. 852 · 2026-09-14
A resolution requesting information on Israel's human rights practices pursuant to section 502B(c) of the Foreign Assistance Act of 1961.
Latest official status (2026-09-29): Motion to discharge Senate Committee on Foreign Relations rejected by Yea-Nay Vote. 47 - 51. Record Vote Number: 252. (consideration: CR S5158-5159)
Constitutional grade
A
Constitutional
This resolution is a request for information from the executive branch, a core legislative function under Article I. It does not infringe on any constitutional rights, does not consolidate power improperly, and respects due process. The resolution is fully consistent with the Constitution.
Article I Article I, Section 8, Clause 1 Article I, Section 8, Clause 18 Amendment I Amendment II Amendment III Amendment IV Amendment V Amendment VI Amendment VII Amendment VIII Amendment IX 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
The resolution is an exercise of Congress's legislative and oversight powers. Article I, Section 8, Clause 1 grants Congress the power to provide for the common defense and general welfare, which encompasses foreign affairs and the conduct of foreign assistance. Additionally, Article I, Section 8, Clause 18 grants Congress the power to make all laws necessary and proper for executing its enumerated powers. Requesting information from the executive branch regarding human rights practices in a foreign country receiving U.S. assistance is a legitimate exercise of congressional oversight, rooted in the power of the purse and the treaty power. The resolution does not attempt to regulate conduct outside of Congress's enumerated authority; it merely requests information.
Bill of Rights · passes
The resolution does not infringe upon any of the rights protected by the Bill of Rights. It does not restrict speech, religion, assembly, press, or petition (First Amendment). It does not affect the right to keep and bear arms (Second Amendment). It does not involve quartering of soldiers (Third Amendment). It does not authorize searches or seizures (Fourth Amendment). It does not compel self-incrimination, deprive anyone of life, liberty, or property without due process, or take private property without just compensation (Fifth Amendment). It does not affect criminal trial rights (Sixth Amendment), civil jury rights (Seventh Amendment), or bail, fines, or punishment (Eighth Amendment). It does not deny unenumerated rights (Ninth Amendment) or usurp state powers (Tenth Amendment). The resolution is a simple request for information and has no impact on individual rights.
Individual liberty · passes
The resolution does not restrict the actions of any individual. It imposes no obligations, prohibitions, or penalties on private citizens. It merely requests that the Department of State provide information to Congress. The burden of justification for government restrictions on individual liberty is not implicated because there is no restriction. The resolution respects individual sovereignty by not interfering with the person, property, speech, labor, or beliefs of any person.
Decentralization · passes
This resolution concerns foreign affairs and the conduct of U.S. foreign assistance, which is inherently a federal responsibility. The Constitution assigns foreign relations to the federal government, not to individuals, local communities, or states. The resolution does not consolidate decision-making at a higher level than necessary; it is a federal action addressing a federal matter. The four-question test is satisfied: (1) individuals cannot handle foreign policy; (2) local communities cannot handle foreign policy; (3) states cannot handle foreign policy; (4) the action does not consolidate upward because the federal government is the appropriate level for this issue. The resolution does not violate the Tenth Amendment because it does not commandeer state governments or regulate state affairs.
Due process and takings · passes
The resolution does not deprive any person of life, liberty, or property, nor does it take private property for public use. It does not bypass procedural due process, as it does not adjudicate rights or impose penalties. It does not violate substantive due process, as it is a rational exercise of congressional oversight. The resolution is a request for information, not an action that affects legal rights or interests. Therefore, the Due Process Clause of the Fifth Amendment and the Takings Clause are not implicated.
Provenance
- Congress.gov: SRES 852 summary · fetched 2026-10-12 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #737 | 2026-10-13 | vfa-constitutional-grade/1.0 | cd21045f6efc | current |
Cite this
Values for America. “Constitutional grade: S.Res. 852, A resolution requesting information on Israel's human rights practices pursuant to section 502B(c) of the Foreign Assistance Act of 1961..” VFA Constitution Index, grade 737 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/737. Accessed 2026-10-19.
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