Real bill currently in Congress  c/o  HR/119/9663

State Standing Committee Act

Policy area: Environmental Protection ▲ 7 days since action Sponsor: James R. Baird, IN-04, R → Congress.gov

Latest action (2026-07-14): Referred to the House Committee on Science, Space, and Technology.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.75

Synthesis

The constitutionality of the State Standing Committee Act depends on its specific provisions. If the committee is purely advisory and facilitates federal-state cooperation under Congress's enumerated powers (e.g., Commerce Clause, Necessary and Proper Clause), it is likely constitutional. However, if it delegates legislative authority to states, commandeers state legislatures, or exceeds enumerated powers, it would violate the separation of powers, federal supremacy, and the Tenth Amendment.

Hamilton CONDITIONAL

The 'State Standing Committee Act' is of uncertain constitutionality without its full text. If the bill merely creates an advisory committee of state officials to coordinate federal environmental policy under the Commerce Clause, it may be a permissible exercise of federal power under the Necessary and Proper Clause. However, if the bill delegates to states a veto or substantive legislative authority over federal environmental programs, it would violate the separation of powers and the principle of federal supremacy, as the Constitution vests all legislative powers in Congress (Article I, Sect…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause) Article I, Section 1 (Vesting Clause) Article VI, Clause 2 (Supremacy Clause) Tenth Amendment Federalist No. 33 Federalist No. 39
Jefferson NO

The proposed 'State Standing Committee Act' purports to establish a federal committee concerning environmental protection, a domain not enumerated among the powers delegated to Congress in Article I, Section 8. The Tenth Amendment expressly reserves to the States or to the people all powers not delegated to the United States. Environmental regulation, absent a clear constitutional grant, remains a matter of state sovereignty. Furthermore, the Ninth Amendment cautions that the enumeration of certain rights shall not be construed to deny or disparage others retained by the people; creating a fed…

Amendment X Amendment IX
Madison CONDITIONAL

The constitutionality of the State Standing Committee Act depends entirely upon the specific powers and duties assigned to the proposed committee. If the committee is merely an advisory body that facilitates cooperation between the federal government and the states in environmental protection, it may be sustained under the Necessary and Proper Clause as a means of executing Congress's enumerated powers, such as the commerce power or the spending power. However, if the committee is vested with authority to compel state action, to preempt state law without clear constitutional warrant, or to exe…

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

This Act's constitutionality depends upon its precise scope—whether it merely informs Congress or purports to restrict or dictate state legislative processes. Under Article I, Section 8, Clause 18, Congress may enact laws necessary and proper for executing its enumerated powers, but it cannot commandeer state legislatures to enact or administer federal regulations. The principle of dual sovereignty, affirmed in McCulloch v. Maryland, forbids the federal government from compelling states to implement federal regulatory schemes. However, if the Act only establishes a committee to gather informat…

Article I, Section 8, Clause 18 (Necessary and Proper Clause) McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

Read full document →

Federal-State Environmental Advisory Committee Act

To establish a federal-state committee to coordinate environmental protection efforts and share information, ensuring states have a voice in federal environmental policy.

Bipartisan rationale: Honors Democratic priorities: federal action on environmental protection, formal state input into federal policy, and public transparency. Honors Republican priorities: limited federal role, no mandates on states, advisory-only committee, sunset provision to prevent permanent bureaucracy, and strict funding cap.

Funding: General fund appropriation $5 million per fiscal year Sunset 5y Oversight: Government Accountability Offi Enforcement: Annual reporting requirement; automa

Vote-count path: ~250 House votes: 150 Democrats + 100 Republicans; ~60 Senate votes: 35 Democrats + 25 Republicans, with support from federalism-minded senators.

→ Article I, Section 8, Clause 3 (Commerce Clause) → Tenth Amendment → Article I, Section 8, Clause 18 (Necessary and Proper Clause)

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