Real bill currently in Congress  c/o  SJRES/119/149

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to the withdrawal of the rule relating to "Truth in Lending (Regulation Z); Consumer Protections for Home Sales Financed Under Contracts for Deed".

Policy area: Finance and Financial Sector ▲ 39 days since action Sponsor: Chuck Schumer, NY-Senate, D → Congress.gov

Latest action (2026-04-27): Placed on Senate Legislative Calendar under General Orders. Calendar No. 396.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Synthesis

Congress has authority under the Commerce Clause and Necessary and Proper Clause to disapprove executive rules on financial practices affecting interstate commerce, upholding legislative supremacy.

Hamilton YES

Congress possesses the exclusive legislative authority to regulate commerce among the several states and to make all laws necessary and proper for executing its enumerated powers, including oversight of financial practices affecting interstate transactions such as lending and home sales contracts. The proposed joint resolution exercises this authority by disapproving an executive rule, thereby reinstating prior regulatory protections under the commerce power. This action upholds the separation of powers by affirming Congress's supremacy in legislation over subordinate executive rulemaking, pre…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Federalist No. 33
Jefferson NO

This joint resolution disapproves an executive rule on consumer protections for home sales under contracts for deed, a matter of private property and contractual arrangements. Such regulation exceeds federal authority, as the Constitution delegates no power over intrastate lending disclosures or local real estate transactions. The Tenth Amendment reserves these powers to the states or the people, emphasizing strict limits on federal action to preserve individual liberty. Article I, Section 8 enumerates congressional powers, none of which extend to micromanaging private contracts beyond interst…

Tenth Amendment Article I, Section 8
Madison YES

The Congress, vested with all legislative powers, possesses the authority to enact joint resolutions disapproving rules promulgated by executive agents, as such resolutions serve as a legislative check upon the execution of laws previously enacted by Congress itself. This action aligns with the separation of powers, whereby the legislative department may refine or correct the application of its own statutes, particularly in areas like commerce regulation where federal authority is enumerated. While the specific subject of consumer protections in financing arrangements may border upon matters o…

Article I, Section 1 Article I, Section 8, Clause 3 Federalist No. 51
Marshall YES

The proposed joint resolution constitutes an exercise of Congress's legislative authority to regulate commerce among the several States and to make all laws necessary and proper for carrying into execution its enumerated powers. Financial protections in home sales financed under contracts for deed pertain to interstate commerce, as such transactions involve the conveyance of property and extension of credit across State lines. Congress possesses plenary power over such commerce, and the disapproval of an executive rule falls within its capacity to legislate directly on the subject or to overse…

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

What should pass

“AI Consensus Solution”

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