A joint resolution disapproving the rule submitted by the Bureau of Consumer Financial Protection relating to "Overdraft Lending: Very Large Financial Institutions".

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

SJRES 18 is a constitutional use of congressional oversight to void a CFPB overdraft rule. It relies on enumerated legislative power, infringes no Bill of Rights protection, expands individual and market choice, returns decisions toward lower levels, and denies no due process or property.

• ✓ Passes · Enumerated powers
  Congress acted under Article I, Section 1 legislative power and Article I, Section 7 presentment, using the Congressional Review Act process to disapprove an executive rule. Regulation of bank fees tied to interstate commerce falls under Article I, Section 8, Clause 3 and the Necessary and Proper Clause in Clause 18. Nullifying a rule is plainly within enumerated legislative authority and exceeds …
• ✓ Passes · Bill of Rights
  This resolution restricts no speech, religion, press, assembly, arms, search, trial, jury, or other right under Amendments 1-10. It nullifies a $5 cap and credit disclosure mandate on very large banks. It removes a federal restriction rather than imposing one. First Amendment and Fourth Amendment and Fifth Amendment interests are unaffected or improved.
• ✓ Passes · Individual sovereignty
  The resolution lessens federal control over private contract between depositors and banks. It restores freedom of contract and choice protected by the Ninth Amendment and liberty under the Fifth Amendment, leaving consumers free to accept, reject, or negotiate overdraft services. The burden remains on government to justify any future cap, not on the person to justify freedom.
• ✓ Passes · Decentralization
  Under the Tenth Amendment, disapproval moves power downward. Individuals and families can choose banks and overdraft terms, local and state regulators can police unfair practices, and states can handle contract and banking disputes without a single federal price cap. The measure does not consolidate power upward; it reverses consolidation.
• ✓ Passes · Due process and takings
  No hearing is denied and no property is taken. The Fifth Amendment Due Process and Takings Clauses require fair notice and just compensation for takings; this resolution imposes no fine, seizure, or transfer. It was passed by bicameralism and presentment under Article I, Section 7, with public notice via Congress.

Sources: Congress.gov: SJRES 18 summary