Constitution Index · S.J.Res. 124 · 2026-03-12
A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Republic of Cuba that have not been authorized by Congress.
Latest official status (2026-04-28): The motion to discharge fell when the point of order was well taken.
Constitutional grade
A
Constitutional
This joint resolution is fully constitutional. It reinforces the separation of war powers by requiring congressional authorization for military hostilities against Cuba, consistent with Article I, Section 8, Clause 11. It does not infringe on any constitutional rights, respects individual sovereignty, and appropriately maintains the federal structure by not consolidating power upward. The resolution also preserves the President's inherent authority to defend the nation from attack, which is consistent with Article II, Section 2, Clause 1.
Article I, Section 8, Clause 11 Article II, Section 2, Clause 1 Article I, Section 8 Amendment X 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
The resolution is a proper exercise of Congress's enumerated power to declare war and to make rules for the regulation of the armed forces under Article I, Section 8, Clauses 11-14. It directs the President to remove forces from unauthorized hostilities, which is within Congress's constitutional authority over the military. The resolution does not expand federal power; it merely enforces the existing 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 procedural measure regarding military deployment, not a restriction on individual liberties.
Individual liberty · passes
The resolution does not restrict the actions of individuals. It concerns the deployment of U.S. Armed Forces, which is a governmental action. It does not limit personal freedom, property, speech, labor, or belief. The burden of justification for any restriction is not triggered because no individual restriction is imposed.
Decentralization · passes
This resolution does not consolidate decision-making at a higher level of government; it reinforces the constitutional separation of powers at the federal level. The questions are not directly applicable to a military action, but the resolution does not shift power upward—it maintains the existing constitutional balance. It does not violate the Tenth Amendment because it concerns a federal power explicitly delegated to Congress.
Due process and takings · passes
The resolution does not bypass due process or take property. It is a legislative directive to the President, not an adjudicative action. It does not deprive any person of life, liberty, or property without due process of law, nor does it implicate the Takings Clause of the Fifth Amendment.
Provenance
- Congress.gov: SJRES 124 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #806 | 2026-10-13 | vfa-constitutional-grade/1.0 | 7fe19ba842fe | current |
Cite this
Values for America. “Constitutional grade: S.J.Res. 124, A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Republic of Cuba that have not been authorized by Congress..” VFA Constitution Index, grade 806 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/806. Accessed 2026-10-19.
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