BUSES Act

The proposed bill falls within the enumerated power of Congress to regulate commerce among the several states. Over-the-road buses are instruments of interstate commerce, and even school buses may engage in interstate travel (e.g., field trips across state lines). Prohibiting state or local idling restrictions for such vehicles when idling is under 15 minutes is a permissible regulation of the channels and instrumentalities of interstate commerce. The Supremacy Clause (Article VI, Clause 2) ensures that federal law preempts conflicting state enactments when Congress acts within its constitutio…

The Tenth Amendment reserves to the States or to the people all powers not delegated to the United States by the Constitution, nor prohibited by it to the States. Regulation of engine idling for buses, being a matter of local transportation and environmental concern, falls within the police powers of the States unless it directly affects interstate commerce or federal property. The Commerce Clause (Article I, Section 8, Clause 3) grants Congress power to regulate commerce among the several States. If the idling restrictions are applied only to buses engaged in interstate commerce, or if they i…

The proposed bill regulates engine idling restrictions for over-the-road buses and school buses. Under the Commerce Clause (Article I, Section 8, Clause 3), Congress may regulate activities that substantially affect interstate commerce. However, the Tenth Amendment reserves to the states powers not delegated to the United States. If the idling restrictions are imposed by state or local governments as part of their police powers to protect public health and safety, and if the federal prohibition does not serve a clear interstate commercial purpose, it may exceed the enumerated powers of Congres…

This bill, by prohibiting states from enforcing engine idling restrictions on over-the-road and school buses for idling less than 15 minutes, touches upon the balance of federal and state powers. Under the Commerce Clause, Congress has authority to regulate activities that substantially affect interstate commerce. However, the question is whether this specific prohibition exceeds that authority or intrudes upon the reserved police powers of the states. Following McCulloch v. Maryland, Congress may exercise its powers by 'necessary and proper' means, but here the means must be consistent with t…