H.Res. 122 explained · 119th Congress · Pending in Congress
Providing for consideration of the bill (H.R. 77) to amend chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for "midnight rules", and for other purposes.
Cosponsors: none · per Congress.gov, 2026-10-12
Introduced: 2025-02-10
Latest action (2025-02-11): Motion to reconsider laid on the table Agreed to without objection.
What H.Res. 122 does, in plain terms
The Congressional Research Service has not published a summary of H.Res. 122 yet. Its official title: “Providing for consideration of the bill (H.R. 77) to amend chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for "midnight rules", and for other purposes.”.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-10
SI-generated grade · five published checks · not individually reviewed by a person · methodology
This resolution is a procedural rule governing floor consideration of a bill in the House of Representatives. It does not itself enact any substantive law, appropriate funds, or restrict individual rights. It falls squarely within the House's constitutional authority to determine its own rules of proceeding under Article I, Section 5, Clause 2. No enumerated power is exceeded, no rights are infringed, and the resolution does not consolidate power upward—it merely sets the terms for debating a bill that would itself address the review of agency rules. The resolution passes all five constitutional checks.
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✓ Passes · Enumerated powers
The House of Representatives has explicit constitutional authority to determine the rules of its own proceedings under Article I, Section 5, Clause 2. This resolution is a rule for considering a specific bill, which is a core legislative function. It does not purport to exercise any power beyond that granted to Congress, and it does not delegate or expand federal authority. The underlying bill (H.… -
✓ Passes · Bill of Rights
The resolution does not implicate any of the first ten amendments. It is a purely procedural measure that sets debate time, waives points of order, and provides for a motion to recommit. It does not restrict speech, religion, press, assembly, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, jury rights, cruel and unusual punishment, or any oth… -
✓ Passes · Individual sovereignty
This resolution does not restrict any individual's person, property, speech, labor, or belief. It is a rule of legislative procedure that applies only to Members of the House in their official capacity. It does not impose any obligation, prohibition, or penalty on private citizens. The burden of justification for restricting individual sovereignty is not triggered because no such restriction exist… -
✓ Passes · Decentralization
This resolution is a procedural rule for the House of Representatives, which is a federal legislative body. It does not involve action by individuals, local communities, or states. The question of whether an individual, local community, or state could handle the matter is inapplicable because the resolution concerns the internal proceedings of the federal legislature. It does not consolidate decis… -
✓ Passes · Due process and takings
The resolution does not deprive any person of life, liberty, or property, nor does it take private property for public use. It does not bypass any procedural or substantive due process requirements. It is a procedural rule for the House, and it does not affect the rights of any individual outside of the legislative process. The waiver of points of order is a common and accepted practice in the Hou…
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