A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Health and Human Services relating to "Restoring Flexibility in the Child Care and Development Fund (CCDF)".

This joint resolution is a constitutional exercise of Congress's legislative power. The Congressional Review Act provides a statutory mechanism for Congress to disapprove agency rules, which is consistent with the Presentment Clause (Article I, Section 7) as the resolution is presented to the President. The underlying rule concerns the Child Care and Development Fund, a federal spending program under the General Welfare Clause (Article I, Section 8, Clause 1). Congress may attach conditions to federal funds, and the resolution simply restores the prior regulatory framework. The Necessary and P…

The Congress possesses the authority to disapprove of executive rules under the Necessary and Proper Clause, as such oversight is a legitimate check on executive overreach. However, the Constitution does not grant the federal government a general police power over families or child care. The Tenth Amendment reserves to the states and the people all powers not delegated to the United States. Therefore, the underlying rule and this resolution are constitutional only if the CCDF program itself is confined to the enumerated powers—such as the spending power under Article I, Section 8, Clause 1—and…

The joint resolution invokes the Congressional Review Act (chapter 8 of title 5) to disapprove an executive agency rule. The Constitution vests all legislative powers in Congress (Article I, Section 1), and the Necessary and Proper Clause (Article I, Section 8, Clause 18) empowers Congress to enact laws that ensure the execution of its enumerated powers. However, the resolution's constitutionality depends on whether the underlying rule exceeds the authority delegated by Congress in the Child Care and Development Fund statute. If the rule is a proper exercise of delegated authority, Congress ma…

This joint resolution seeks to disapprove a rule of the Department of Health and Human Services under the Congressional Review Act. The Constitution vests in Congress the power to make laws, and the President the duty to take care that the laws be faithfully executed. The rule in question, 'Restoring Flexibility in the Child Care and Development Fund,' is an exercise of executive discretion delegated by statute. Congress may, by joint resolution, revoke such a rule, provided the resolution is presented to the President for approval or veto, as required by the Presentment Clause (Article I, Sec…