Search and Ask VFA

132 results for “war powers”

1. Constitution Index grade · Constitution grade A (Constitutional) · Oct 13, 2026

   S.J.Res. 172: 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.

   …is fully constitutional. It reaffirms Congress's exclusive power to declare war under Article I, Section 8, Clause 11, and directs the President to withdraw forces from unauthorized hostilities against Iran. It does not infringe on any…

2. Constitution Index grade · Constitution grade F (Direct violation) · Oct 08, 2026

   H.R. 9238: To amend the FISA Amendments Act of 2008 to extend the authorities of title VII of the Foreign Intelligence Surveillance Act of 1978, and for other purposes.

   Extension of FISA Title VII Section 702 authority continues warrantless collection that incidentally sweeps in U.S. person communications and permits later searching without probable-cause warrants, in direct tension with the Fourth…

3. VFA SI Solution · SI Solution responding to 2026-04924 · Oct 15, 2026

   Western Hemisphere Anti-Cartel Partnership Authorization Act

   …authorize this mission because the Constitution gives Congress control over war, armies, and captures. Article I, Section 8, Clauses 10 through 12 grant Congress power over piracy and offenses against the law of nations, declarations of…

4. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 10, 2026

   H.Res. 682: Providing for consideration of the bill (H.R. 3838) to authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes, and providing for consideration of the bill (H.R. 3486) to amend the Immigration and Nationality Act to increase penalties for individuals who illegally enter and reenter the United States after being removed, and for other purposes.

   …immigration bill's increased penalties for illegal entry and reentry warrant scrutiny under the Eighth Amendment and due process. The resolution is a routine exercise of congressional rulemaking authority under Article I, Section 5, Clause…

5. VFA SI Solution · SI Solution responding to 2026-15003 · Jul 29, 2026

   Defense Critical Materials Domestic Procurement Act of 2026

   …statute avoids constitutional overreach by grounding the program in enumerated powers under Article I, Section 8, and respects the Tenth Amendment by not imposing mandates on states or private entities beyond federal contracting. The…

6. VFA SI Solution · SI Solution responding to H.R. 8312 · Jun 10, 2026

   Federal Program Integrity and Oversight Enhancement Act

   …any federal program receiving more than $10 million annually, but only with a warrant issued by a federal judge upon probable cause of fraud, in compliance with the Fourth Amendment. All investigations must provide written notice to the…

7. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 13, 2026

   Executive Order 14427: Adjusting Certain Delegations Under the Defense Production Act

   …under the Defense Production Act, a statute grounded in Congress's enumerated war and commerce powers. It does not itself expand federal power or restrict individual rights, but it raises minor concerns about the creation of a new…

8. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 08, 2026

   Executive Order 14266: Modifying Reciprocal Tariff Rates To Reflect Trading Partner Retaliation and Alignment

   …physical search or seizure of persons, homes, papers, or effects without warrant under the Fourth Amendment, does not compel self-incrimination or deny trial protections under the Fifth, Sixth, Seventh, or Eighth Amendments. Economic cost…

9. VFA SI Solution · SI Solution responding to 2026-14997 · Jul 28, 2026

   Motor Vehicle Trade Reciprocity Act of 2026

   …manufacturers and workers. Congress further finds that such discrimination warrants a measured, time-limited response to restore reciprocity. Section 3. Authority to Impose Additional Duties. (a) The President is authorized, upon a…

10. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    Executive Order 14362: Designation of Certain Muslim Brotherhood Chapters as Foreign Terrorist Organizations and Specially Designated Global Terrorists

    …under Article I, Section 8, Clause 3 commerce with foreign nations, Clause 11 war-related powers, and Clause 18 necessary and proper. Cited authorities are Immigration and Nationality Act section 219, 8 U.S.C. 1189, and International…

11. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    H.R. 2913: Ukraine Support Act

    …Clause 3 to regulate Commerce with foreign Nations; Clauses 11-14 to declare war, raise and support armies, provide a navy, and make rules for land and naval forces; Clause 18 Necessary and Proper Clause to effectuate those powers through…

12. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 08, 2026

    Executive Order 14298: Modifying Reciprocal Tariff Rates To Reflect Discussions With the People's Republic of China

    …judicial review before increased duties attach to specific goods in transit or warehoused for consumption, and it delegates rate-setting to ongoing discussions with a foreign government. The deprivation is economic and authorized under…

13. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    Executive Order 14312: Providing for the Revocation of Syria Sanctions

    …and reserved powers). Section 4 retains targeted blocking under EO 13894 for war criminals, human rights abusers, captagon traffickers, and former Assad-regime actors, but that continuation is expressly tied to individualized…

14. Constitution Index grade · Constitution grade F (Direct violation) · Oct 10, 2026

    H.R. 2056: District of Columbia Federal Immigration Compliance Act of 2025

    …protections against unreasonable searches and seizures by encouraging warrantless data collection and detention based on immigration status alone. It also implicates the Fifth Amendment's Due Process Clause by potentially detaining…

15. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 13, 2026

    H.Res. 1486: Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.

    …the allegations of executive overreach and rights violations are serious and warrant scrutiny. The House of Representatives has the sole power of impeachment under Article I, Section 2, Clause 5. This resolution is a direct exercise of…

16. Constitution Index grade · Constitution grade F (Direct violation) · Oct 09, 2026

    S. 4465: A bill to amend the FISA Amendments Act of 2008 to extend the authorities of title VII of the Foreign Intelligence Surveillance Act of 1978, and for other purposes.

    This reauthorization continues a surveillance regime that permits warrantless backdoor searches of Americans' communications, violating the Fourth Amendment's protection against unreasonable searches and seizures. While foreign…

17. Constitution Index grade · Constitution grade C (Significant issues) · Oct 08, 2026

    Executive Order 14372: Prioritizing the Warfighter in Defense Contracting

    …authority, acting in support of Congress's Article I, Section 8, Clauses 12-14 powers to raise armies and provide for defense, and citing Defense Production Act (50 U.S.C. 4501 et seq.) and Federal Acquisition Regulations. Directing the…

18. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 14, 2026

    Executive Order 14388: Continuing the Suspension of Duty-Free De Minimis Treatment for All Countries

    …The due process concerns are minor, but the cumulative constitutional tensions warrant a D grade. The President cites IEEPA (50 U.S.C. 1701 et seq.) and the Trade Act of 1974 as authority, but the Constitution vests Congress with the power…

19. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 14, 2026

    Executive Order 14415: Securing America's Defense Supply Chains and Ensuring Domestic Acquisition of Critical Materials

    …and the delegation of broad discretionary authority to the Secretary of War, which could implicate due process and individual sovereignty interests. The order does not infringe on fundamental rights and does not consolidate power beyond…

20. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    Executive Order 14383: Establishing an America First Arms Transfer Strategy

    …authorized foreign military sales under Article I, Section 8, Clause 11 war and captures powers and Clause 18 Necessary and Proper Clause, implemented through the Arms Export Control Act cited in the order at 22 U.S.C. 2776. This is…