Safety Starts at the Top Act of 2026

The proposed bill falls within the enumerated power of Congress to regulate commerce among the several states, as established in Article I, Section 8, Clause 3. Title 49 of the United States Code pertains to transportation, which is a vital component of interstate commerce. The revision of qualifications for organization designation authorization holders is a proper exercise of Congress's authority to ensure the safety, efficiency, and reliability of transportation systems that affect interstate commerce. Furthermore, the Necessary and Proper Clause (Article I, Section 8, Clause 18) empowers C…

The Constitution grants Congress authority over interstate commerce and post roads, but the Tenth Amendment reserves all powers not delegated to the United States to the states or the people. This bill, by revising qualifications for organization designation authorization holders in Title 49, may exceed that delegation if it intrudes upon the states' police powers over intrastate transportation or imposes unnecessary federal standards. It would be constitutional only if strictly limited to matters of interstate commerce that cannot be effectively regulated by the several states, and if it does…

The proposed legislation, which amends qualifications for organization designation authorization holders under title 49, touches upon the regulation of interstate commerce—a power expressly granted to Congress in Article I, Section 8, Clause 3. However, the Constitution also requires that legislative power be exercised by Congress itself, not delegated to private entities without sufficient standards. Drawing from Federalist No. 10, I caution that granting such designation authority to private organizations risks factional control, where private interests may subvert the public good. Therefore…

This bill, which amends title 49 to revise qualifications for organization designation authorization holders, falls squarely within the power of Congress to regulate commerce among the several states. Transportation is a vital element of interstate commerce, and the authority to prescribe the qualifications of those who participate in such commerce is an essential incident of that power. The Constitution vests in Congress the authority to enact all laws which shall be necessary and proper for carrying into execution its enumerated powers, including the regulation of interstate commerce. The pr…