Constitution Index · H.R. 368 · 2025-01-13
Territorial Tax Parity and Fairness Act
Latest official status (2025-01-13): Referred to the House Committee on Ways and Means.
Constitutional grade
A
Constitutional
The bill is a narrow tax measure that aligns the treatment of bona fide residents of the Virgin Islands with that of residents of other U.S. territories under the subpart F income rules. It does not expand federal power beyond the taxing authority granted by the Constitution, does not infringe on individual rights, and does not centralize authority. The bill is fully consistent with the Constitution.
Article I, Section 8, Clause 1
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 federal government has explicit constitutional authority to lay and collect taxes under Article I, Section 8, Clause 1. This bill exercises that power by modifying the tax treatment of certain income for residents of the Virgin Islands. It does not exceed the enumerated power to tax.
Bill of Rights · passes
The bill does not implicate 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, trial rights, or cruel and unusual punishment. It is a purely fiscal measure.
Individual liberty · passes
The bill does not restrict individual liberty. Instead, it provides a tax exemption for certain income, which is a benefit to individuals. It does not compel any action or prohibit any conduct, and the burden of proof for any restriction is not relevant here because there is no restriction.
Decentralization · passes
The bill does not consolidate decision-making at a higher level of government. It is a federal tax law, which is appropriate because taxation is a federal power. The bill does not prevent individuals, local communities, or states from handling their own affairs; it simply adjusts federal tax rules. It passes all four questions.
Due process and takings · passes
The bill does not deprive any person of life, liberty, or property without due process of law. It does not take property without just compensation. It provides a tax exemption, which is not a taking. There is no procedural or substantive due process concern.
Provenance
- Congress.gov: HR 368 summary · fetched 2026-10-10 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #789 | 2026-10-13 | vfa-constitutional-grade/1.0 | 29e147e0a77e | current |
Cite this
Values for America. “Constitutional grade: H.R. 368, Territorial Tax Parity and Fairness Act.” VFA Constitution Index, grade 789 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/789. Accessed 2026-10-20.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/789
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