Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision".

SI-generated grade · five published checks · not individually reviewed by a person · methodology

HJRES 88 is constitutional. Congress used its enumerated commerce and oversight powers through lawful procedure to nullify an agency waiver, infringed no Bill of Rights protection, expanded individual choice by removing a mandate, preserved the federal-state balance by preventing a single-state rule from dictating the national market, and violated no due process or takings protection.

• ✓ Passes · Enumerated powers
  Congress acted within explicit federal authority. Article I, Section 8, Clause 3 authorizes regulation of interstate commerce, which includes motor vehicles sold in a national market and interstate air pollution. Article I, Section 8, Clause 18 authorizes laws necessary and proper to execute federal powers, including the Congressional Review Act process under chapter 8 of title 5, United States Co…
• ✓ Passes · Bill of Rights
  No First through Tenth Amendment right is restricted. The resolution does not regulate speech, religion, press, assembly under the First Amendment, does not regulate arms under the Second Amendment, and does not authorize any search, seizure, or surveillance under the Fourth Amendment. It imposes no criminal liability, interrogation, or compelled testimony implicating the Fifth and Sixth Amendment…
• ✓ Passes · Individual sovereignty
  The resolution does not restrict what a person may do with their person, property, speech, labor, or belief. It nullifies an additional regulatory mandate on low-emission and zero-emission vehicle requirements, thereby reducing government compulsion on consumers, dealers, and manufacturers. The burden remains on government to justify any future restriction; this measure expands rather than contrac…
• ✓ Passes · Decentralization
  (1) Individuals and families cannot handle interstate vehicle emissions and air pollution alone because emissions cross property and state lines. (2) Local counties cannot handle national automobile markets and interstate air quality. (3) A single state cannot handle this without federal involvement because a California-only mandate effectively sets a national vehicle market standard, affecting co…
• ✓ Passes · Due process and takings
  No deprivation of life, liberty, or property without due process under the Fifth Amendment and Fourteenth Amendment Section 1. The resolution uses the public legislative process with bicameralism and presentment, provides fair notice through enrolled law Public Law No. 119-16, creates no retroactive criminal punishment, presumes innocence, and orders no physical appropriation or regulatory taking …

Sources: Congress.gov: HJRES 88 summary