Real bill currently in Congress c/o S/119/4595
Mullica River Watershed Wild and Scenic River Study Act of 2026
Latest action (2026-07-21): Committee on Energy and Natural Resources Subcommittee on National Parks. Hearings held.
The Framers
“Founders’ Verdict”
Confidence 0.50
Synthesis
The bill is constitutional because it authorizes a preliminary study that falls within Congress's enumerated powers under the Property Clause (Article IV, Section 3, Clause 2) and the Commerce Clause (Article I, Section 8, Clause 3). The study is a permissible means to inform future legislative action, consistent with the principle of enumerated powers and the doctrine of implied powers as established in McCulloch v. Maryland. However, the constitutionality is contingent on the study being confined to federal lands and waters affecting interstate commerce, to avoid overreach into state sovereignty.
This bill authorizes a study of the Mullica River watershed for potential designation under the Wild and Scenic Rivers Act. The Constitution grants Congress authority over federal lands and waters under the Property Clause (Article IV, Section 3, Clause 2), which empowers Congress to 'dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.' Additionally, the Commerce Clause (Article I, Section 8, Clause 3) supports federal action to protect navigable waters and their tributaries, as the Mullica River is a navigable waterw…
The Mullica River flows entirely within the state of New Jersey, and its watershed is a matter of local concern rather than an object of federal power enumerated in the Constitution. The general government possesses only those authorities delegated to it by the several states, and the care of inland waters and their study, absent a clear connection to interstate commerce or a federal territory, falls within the reserved powers of the states. A federal study of this kind, though ostensibly informational, sets a dangerous precedent for the expansion of federal influence over local resources, the…
The proposed study of the Mullica River Watershed for potential Wild and Scenic River designation finds its justification in the enumerated powers of Congress, particularly the power to regulate commerce among the several states and the power to make rules respecting the territory or property of the United States. However, the Constitution limits federal authority to objects of a national, not merely local, nature. The study is permissible only if it is confined to waters that are navigable and thus subject to the commerce power, or to lands owned by the United States under the Property Clause…
The Constitution vests in Congress the power to dispose of and make all needful rules and regulations respecting the territory or other property of the United States, and to regulate commerce among the several states. The Mullica River Watershed Wild and Scenic River Study Act of 2026 is a preliminary measure to gather information and assess the suitability of a river system that lies within federal lands and may affect interstate commerce. As established in McCulloch v. Maryland, the means chosen by Congress need only be appropriate and plainly adapted to a legitimate end; a study to inform f…
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