Providing for consideration of the joint resolution (S.J. Res. 13) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of the Comptroller of the Currency of the Department of the Treasury relating to the review of applications under the Bank Merger Act; providing for consideration of the joint resolution (S.J. Res. 31) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act"; and waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules.

SI-generated grade · five published checks · not individually reviewed by a person · methodology

This resolution is a procedural measure that governs the consideration of two Congressional Review Act disapproval resolutions and certain budget-related resolutions. It does not itself enact substantive policy, but rather sets the terms for debate and voting in the House of Representatives. The resolution is within Congress's enumerated power to determine its own rules of proceeding under Article I, Section 5, Clause 2. It does not infringe on any constitutional right, does not restrict individual sovereignty, and does not involve any taking or due process violation. The resolution does not consolidate power upward; it is an exercise of Congress's constitutional role in overseeing executive agency actions. Therefore, it passes all constitutional checks.

• ✓ Passes · Enumerated powers
  The resolution is a procedural rule for the House of Representatives, authorized by Article I, Section 5, Clause 2, which grants each house the power to determine the rules of its proceedings. It also relates to Congress's authority to disapprove agency rules under the Congressional Review Act, which is an exercise of Congress's legislative powers under Article I, Section 1 and the Necessary and P…
• ✓ Passes · Bill of Rights
  The resolution does not affect speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, jury rights, cruel and unusual punishment, unenumerated rights, or reserved powers. It is purely procedural and does not implicate any provision of the Bill of Rights.
• ✓ Passes · Individual sovereignty
  The resolution does not restrict any individual's person, property, speech, labor, or belief. It merely sets the terms for congressional consideration of other measures. The burden on individuals is nonexistent, and no compelling constitutional justification is needed because there is no restriction.
• ✓ Passes · Decentralization
  This resolution is an internal congressional procedural matter. It does not involve any action that could be handled by individuals, local communities, or states. It is a necessary function of the federal legislature to determine its own rules. It does not consolidate decision-making upward; it is the federal government acting in its proper sphere.
• ✓ 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 legislative rule of procedure, not an adjudicative or executive action.

Sources: Congress.gov: HRES 426 summary