Real bill currently in Congress  c/o  HR/119/10099

To direct the Administrator of the Federal Motor Carrier Safety Administration to issue certain regulations to extend the time period for the waiver of the commercial driver's license skills test for certain members of the military, and for other purposes.

Latest action (2026-08-13): Referred to the House Committee on Transportation and Infrastructure.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Synthesis

The bill is constitutional under the Commerce Clause and Necessary and Proper Clause, as it regulates commercial driver licensing in interstate commerce and facilitates the transition of military personnel into the civilian workforce. The majority finds no violation of federalism or separation of powers, as the regulation is narrowly tailored to interstate commerce and includes sufficient guidance for executive delegation.

Hamilton YES

This bill falls squarely within the power of Congress to regulate interstate commerce. The regulation of commercial driver licensing directly affects the safety and efficiency of interstate transportation, a matter of national concern. The extension of a waiver for military members is a reasonable exercise of the commerce power, as it facilitates the entry of trained personnel into the civilian workforce, thereby promoting the free flow of commerce. The Necessary and Proper Clause further authorizes Congress to enact measures that are appropriate and plainly adapted to the execution of its enu…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Federalist No. 23 Federalist No. 33
Jefferson CONDITIONAL

This bill, by directing a federal agency to issue regulations, touches upon the balance of federal and state powers. The Constitution grants Congress authority over interstate commerce, which includes the regulation of commercial drivers operating across state lines. However, the Tenth Amendment reserves to the states all powers not expressly delegated to the federal government. Licensing of drivers has traditionally been a state function, and the federal government's role here must be strictly limited to interstate commerce concerns. If the waiver extension applies only to those engaged in in…

Amendment X Article I, Section 8, Clause 3
Madison YES

This bill falls within the enumerated powers of Congress under the Commerce Clause, as it regulates commercial driver licensing which substantially affects interstate commerce. The extension of a waiver for military members is a proper exercise of the power to raise and support armies, and the delegation to the executive agency to issue regulations is consistent with the Necessary and Proper Clause, provided the delegation includes an intelligible principle. The measure does not exceed the limited and defined powers of the federal government, as it serves a clear national purpose without encro…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause) Federalist No. 45 (Madison on the limited and enumerated powers of the federal government)
Marshall YES

This bill, directing the Federal Motor Carrier Safety Administration to extend the waiver period for commercial driver's license skills tests for military members, is a valid exercise of Congress's power under the Commerce Clause, as commercial motor vehicle operation substantially affects interstate commerce. The extension of waiver periods for military personnel is a reasonable measure to facilitate their transition into the civilian workforce, and the law is necessary and proper to carry into execution the congressional power to regulate interstate commerce. Nothing in the Constitution proh…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause) Gibbons v. Ogden (1824)

What should pass

“AI Consensus Solution”

No solution yet

Daily synthesis runs at 06:00 UTC. This bill's consensus draft will appear on the next pass.

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