Expressing the sense of the House of Representatives that the United States must recommit to defend and uphold the rights and protections guaranteed by the Fourteenth Amendment to the United States Constitution to ensure that our democracy works for all of us, not just a powerful few.

H. Res. 1038 was introduced in the House of Representatives on February 4, 2026, and sent to the Committee on the Judiciary for review. As a House Resolution, it only expresses the sentiment of the House and does not move to the Senate or become public law. For it to advance, the committee would need to consider and approve it, after which it could be put to a vote by the full House.

This resolution, if passed, serves as a statement of principle from the House of Representatives. It would formally declare that Congress sees the Fourteenth Amendment as fundamental to American democracy, safeguarding your birthright citizenship, due process, and equal protection under the law. The House would pledge to oppose any legislation or action aiming to weaken these constitutional guarantees. While not legally binding, it signals the House's intent to uphold these rights and encourages all elected officials to do the same.

Supporters of this resolution contend that recent actions and proposals threaten core constitutional guarantees like birthright citizenship, due process, and equal protection, making this affirmation necessary. They believe it reinforces the foundation of America's multiracial democracy. Critics, however, might argue that the resolution overstates current threats to constitutional rights or that some of the 'recent government actions' it references are legitimate policy debates, rather than direct attacks on the Fourteenth Amendment. They might see it as primarily a symbolic gesture without direct legislative impact.