Constitution Index · S.J.Res. 163 · 2026-04-13
A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
Latest official status (2026-05-13): Motion to discharge Senate Committee on Foreign Relations rejected by Yea-Nay Vote. 49 - 50. Record Vote Number: 118. (consideration: CR S2250-2255)
Constitutional grade
A
Constitutional
This joint resolution is a textbook exercise of Congress's constitutional war powers. It directs the President to remove U.S. Armed Forces from unauthorized hostilities against Iran, reaffirming that only Congress can authorize offensive military action. The resolution explicitly preserves the President's authority to defend against attacks, which is consistent with the Commander-in-Chief role. It does not infringe any constitutional rights, does not consolidate power, and respects due process. The resolution is fully constitutional.
Article I, Section 8 Article 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 explicit constitutional authority to declare war and to raise and support armies, and to make rules for the government and regulation of the land and naval forces (Article I, Section 8, Clauses 11-14). This resolution is a direct exercise of that authority, directing the President to remove forces from hostilities that have not been authorized by Congress. It also aligns with the War Powers Resolution, which Congress enacted under its Article I powers. The resolution does not exceed any enumerated power; it reinforces the constitutional allocation of war powers.
Bill of Rights · passes
The resolution 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 structural measure concerning the deployment of military forces, not an infringement on individual liberties.
Individual liberty · passes
The resolution does not restrict the person, property, speech, labor, or belief of any individual. It concerns the conduct of the executive branch in foreign military affairs. The burden of government justification is irrelevant here because no individual right is being restricted. The resolution actually protects the lives of service members by potentially ending unauthorized hostilities, which is consistent with individual sovereignty over one's own life.
Decentralization · passes
This resolution does not consolidate decision-making at a higher level of government; rather, it reinforces the constitutional separation of powers. The decision to engage in offensive war is inherently a federal matter, and the Constitution assigns that decision to Congress, not the President. The resolution does not involve state or local governments, and it does not shift power upward; it restores the constitutional balance by ensuring that the President cannot unilaterally commit the nation to war without congressional authorization.
Due process and takings · passes
The resolution does not deprive any person of life, liberty, or property without due process of law, nor does it take private property for public use without just compensation. It is a legislative directive to the executive branch regarding military operations. It does not bypass any procedural or substantive due process guarantees. The Fifth Amendment is not implicated.
Provenance
- Congress.gov: SJRES 163 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #804 | 2026-10-13 | vfa-constitutional-grade/1.0 | 135763f08162 | current |
Cite this
Values for America. “Constitutional grade: S.J.Res. 163, A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress..” VFA Constitution Index, grade 804 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/804. Accessed 2026-10-19.
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