Real bill currently in Congress c/o HR/119/10128
To codify Secretary's Order 3434 of the Department of the Interior.
Latest action (2026-09-02): Subcommittee Hearings Held
The Framers
“Founders’ Verdict”
Confidence 0.50
Synthesis
The constitutionality of hr-119-10128 depends on whether the underlying Secretary's Order 3434 falls within Congress's enumerated powers, particularly the Property Clause (Article IV, Section 3, Clause 2), and does not violate the Tenth Amendment or separation of powers. Without the full text of the order, a definitive judgment cannot be rendered.
The bill to codify Secretary's Order 3434 of the Department of the Interior is a proper exercise of Congress's legislative authority under the Constitution. The Congress has the express power to make rules and regulations respecting the territory and property of the United States, as provided in Article IV, Section 3, Clause 2. Additionally, the Necessary and Proper Clause in Article I, Section 8, Clause 18 empowers Congress to enact laws that are appropriate to carry into execution its enumerated powers. Codifying an executive order into a federal statute does not violate the separation of po…
The Constitution grants the federal government only enumerated powers. The Tenth Amendment reserves to the states or the people all powers not delegated to the United States. Codifying an executive order of the Department of the Interior without clear constitutional authority—such as a specific power over the subject matter—risks exceeding those limits. Furthermore, the Ninth Amendment cautions that the enumeration of certain rights shall not be construed to deny or disparage others retained by the people, implying that any federal action that encroaches on unenumerated liberties or state prer…
The Constitution vests in Congress the power to make all laws which shall be necessary and proper for carrying into execution its enumerated powers, including those over federal territory and property under Article IV, Section 3, Clause 2. However, codifying a departmental order raises concerns if the order itself exceeds the limited and defined powers of the federal government, or if it encroaches upon the reserved powers of the states or the people under the Tenth Amendment. The necessity and propriety of such codification must be judged by whether the order pertains strictly to federal land…
The Constitution vests in Congress the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States. This power, as affirmed in McCulloch v. Maryland, includes the authority to employ all means which are appropriate and plainly adapted to the legitimate end. To codify an executive order of the Department of the Interior is a legislative act that falls within this enumerated power, as it merely converts an executive direction into a statutory command, securing the uniform and permanent governance of federal lands. The a…
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