MRRRI Act

This bill falls within the enumerated powers of Congress under the Commerce Clause, as the Mississippi River is a major artery of interstate and foreign commerce. Article I, Section 8, Clause 3 grants Congress authority to regulate commerce among the several states, and the protection and restoration of a navigable waterway that facilitates such commerce is a proper exercise of that power. Additionally, the Necessary and Proper Clause (Article I, Section 8, Clause 18) empowers Congress to enact laws that are necessary and proper for carrying into execution its enumerated powers, including the …

The Constitution grants to Congress only those powers expressly enumerated in Article I, Section 8, and all other powers are reserved to the States or to the people by the Tenth Amendment. Nowhere in the enumerated powers is there authority for the general government to undertake projects for the protection and restoration of a river corridor, absent a specific connection to interstate commerce, post roads, or military necessity. The Mississippi River, while touching multiple states, is a matter of local and regional concern best left to the States under their police powers. To allow Congress …

The proposed bill to establish the Mississippi River Restoration and Resilience Initiative must be examined under the principle of enumerated powers. The Constitution grants Congress authority over interstate commerce (Article I, Section 8, Clause 3) and the power to dispose of and regulate federal property (Article IV, Section 3, Clause 2). The Mississippi River is a vital artery of interstate commerce, and projects that protect navigability and prevent obstructions fall within the commerce power. However, the bill's broad language of 'protection and restoration' could extend to purposes beyo…

The Constitution entrusts Congress with the power to regulate commerce among the several states, and it is well settled that this power extends to the navigable waters of the United States, such as the Mississippi River. The proposed initiative to protect and restore the Mississippi River Corridor is a proper exercise of that commerce power, as the river is a vital artery of interstate trade and navigation. Under the necessary and proper clause, Congress may enact laws that are appropriate to carry into execution its enumerated powers, and the restoration and resilience measures are fitting me…