S. 4340 explained  ·  119th Congress  ·  Pending in Congress

Stop Climate Shakedowns Act of 2026

Create a free account or sign in to follow S. 4340 and get alerts. Policy area: Environmental Protection Create a free account or sign in to follow the Environmental Protection policy area and get alerts. ▲ 186 days since action Sponsor: Ted Cruz, TX-Senate, R → Congress.gov

Cosponsors: 3 (0 D, 3 R) · per Congress.gov, 2026-10-09

Introduced: 2026-04-16

Latest action (2026-04-16): Read twice and referred to the Committee on the Judiciary.

What S. 4340 does, in plain terms

The Congressional Research Service has not published a summary of S. 4340 yet. Its official title: “Stop Climate Shakedowns Act of 2026”.

Constitution Index

“VFA Constitution grade”

Not graded yet

S. 4340 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.60

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

Constitutional under Article I, Section 8, Clause 3 (Commerce Clause) to prevent state burdens on interstate commerce, with federal supremacy (Hamilton, Marshall).

Hamilton YES

The proposed legislation, by its title and context, appears designed to curtail state actions that burden interstate commerce through nuisance suits related to national economic activities such as energy production and distribution. Congress possesses the enumerated power to regulate Commerce among the several States, which includes the authority to prevent discordant state regulations that impede the free flow of trade across state lines. This Act would enforce federal supremacy in areas where state interferences threaten the unity of the Republic, ensuring that a single national policy gover…

Article I, Section 8, Clause 3 Article VI, Clause 2 Federalist No. 11 Federalist No. 15
Jefferson NO

The proposed 'Stop Climate Shakedowns Act' appears to interfere with the sovereign authority of the States to pursue remedies in their own courts against private actors for alleged harms, a matter not delegated to the federal government. Under strict construction, Congress possesses no enumerated power in Article I, Section 8 to regulate or preempt such state actions concerning local nuisances or civil suits, as these fall within the reserved powers of the States. The Tenth Amendment reserves all powers not delegated to the United States to the States or the people, including the administratio…

Tenth Amendment Seventh Amendment Article I, Section 8
Madison CONDITIONAL

The proposed legislation, by its title implying restriction on state-initiated legal actions related to climate matters, must derive authority solely from enumerated powers, particularly the regulation of commerce among the several states. Absent a clear exercise of such power, it risks encroaching upon reserved state prerogatives in administering justice within their own tribunals. It is constitutional only insofar as it regulates interstate commerce without directly commanding state officers or usurping core state judicial functions, preserving the compound nature of the government where nat…

Article I, Section 8, Clause 3 Amendment X Federalist No. 39 Federalist No. 45
Marshall YES

The introduction and consideration of federal legislation such as the Stop Climate Shakedowns Act of 2026 falls within the plenary legislative authority vested in Congress by the Constitution. Congress possesses the power to regulate Commerce among the several States, which extends to matters affecting interstate transactions and economic activities potentially implicated by climate-related disputes. Moreover, the Necessary and Proper Clause empowers Congress to enact laws essential to executing its enumerated powers, including the regulation of commerce and the federal judiciary. As establish…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Gibbons v. Ogden (1824) McCulloch v. Maryland (1819)
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