Constitution Index · S. 5046 · 2026-07-21
A bill to prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes.
Latest official status (2026-08-04): Placed on Senate Legislative Calendar under General Orders. Calendar No. 541.
Constitutional grade
A
Constitutional
This bill is a straightforward exercise of Congress's legislative authority to define the structure and functions of a federal agency. It does not expand federal power, restrict individual rights, or consolidate decision-making; rather, it preserves the existing statutory framework of the Department of Education and imposes transparency and reporting requirements. It passes all five constitutional checks.
Article I, Section 8, Clause 18 Article I, Section 8, Clause 1 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
Congress has broad authority to organize and define the functions of executive departments under Article I, Section 8, Clause 18 (the Necessary and Proper Clause), and its spending power under Article I, Section 8, Clause 1. The bill merely prohibits the Department of Education from transferring certain offices and functions to other agencies, which is a permissible exercise of Congress's power to structure the federal bureaucracy. It does not create new federal authority or expand existing powers.
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 administrative measure concerning agency organization and reporting.
Individual liberty · passes
The bill does not restrict what individuals can do with their person, property, speech, labor, or belief. It imposes no obligations on private citizens and does not affect individual liberty. The reporting requirements apply only to the Department of Education and its interactions with Congress, not to individuals.
Decentralization · passes
The bill does not consolidate decision-making at a higher level of government; it actually prevents the consolidation of functions within the federal executive branch by prohibiting transfers between agencies. It does not affect the ability of individuals, families, local communities, or states to handle education matters, and it does not shift authority upward. The bill is consistent with the Tenth Amendment because it does not commandeer state governments or alter the federal-state balance.
Due process and takings · passes
The bill does not deprive any person of life, liberty, or property without due process, nor does it take private property for public use without just compensation. It imposes no penalties on individuals and does not affect any vested rights. The reporting and funding restrictions apply only to the Department of Education's internal operations and do not implicate the Fifth Amendment.
Provenance
- Congress.gov: S 5046 summary · fetched 2026-10-14 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #979 | 2026-10-14 | vfa-constitutional-grade/1.0 | a615a3d2ba9f | current |
Cite this
Values for America. “Constitutional grade: S. 5046, A bill to prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes..” VFA Constitution Index, grade 979 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/979. Accessed 2026-10-19.
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