Constitution Index · H.R. 10038 · 2026-08-03
FORK Act of 2026
Latest official status (2026-08-03): Referred to the House Committee on Education and Workforce.
Constitutional grade
B
Mostly sound
The FORK Act of 2026 is a federal grant program for summer meal delivery vehicles, operating within Congress's spending power and the general welfare clause. It does not infringe on individual rights, and it delegates administration to states and localities. However, it represents a federal expansion into a policy area traditionally handled by states and localities, and it consolidates decision-making at the federal level, raising mild federalism concerns.
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
Congress has the power to tax and spend for the general welfare under Article I, Section 8, Clause 1. The bill authorizes federal grants to support a child nutrition program, which is a permissible exercise of the spending power. The program is voluntary for states and service institutions, and the federal government is not mandating state action but offering funds for a specific purpose.
Bill of Rights · passes
The bill does not restrict speech, religion, assembly, press, petition, the right to bear arms, or any other enumerated right. It imposes no searches, seizures, or criminal penalties. It does not affect trial rights or cruel and unusual punishment. The program is purely voluntary and does not condition receipt of benefits on waiver of any constitutional right.
Individual liberty · passes
The bill does not restrict individual liberty. It provides funding to service institutions to facilitate meal distribution. Individuals are free to participate or not. There is no mandate on individuals to do anything, and no restriction on their person, property, speech, labor, or belief. The burden of justification for any restriction is not triggered because there is no restriction.
Decentralization · raises concerns · severity: minor
The program is administered by the USDA, with grants awarded to service institutions, which are often local school authorities. States are involved in the SFSP administration. However, the decision to create the program and fund it is made at the federal level, and the federal government sets priorities and criteria. While states and localities implement the program, the policy decision is consolidated at the federal level. This fails the fourth question of the decentralization test, as it consolidates decision-making at a higher level than the minimum necessary. The program could be handled by states or localities without federal involvement, but the federal government is choosing to fund it.
Due process and takings · passes
The bill does not take property without just compensation. It does not impose any penalty or deprive anyone of life, liberty, or property without due process. The grant program is voluntary, and any conditions attached to the grants are likely to be reasonable and clearly stated. There is no arbitrary government action; the bill specifies priorities and criteria for grant awards.
Provenance
- Congress.gov: HR 10038 summary · fetched 2026-10-14 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #951 | 2026-10-14 | vfa-constitutional-grade/1.0 | d75f65a4586f | current |
Cite this
Values for America. “Constitutional grade: H.R. 10038, FORK Act of 2026.” VFA Constitution Index, grade 951 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/951. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/951
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