S.J.Res. 71 explained · 119th Congress · Pending in Congress
A joint resolution terminating the national emergency declared with respect to energy.
Cosponsors: 8 (7 D, 0 R, 1 other) · per Congress.gov, 2026-10-10
Introduced: 2025-07-31
Latest action (2025-10-08): Failed of passage in Senate by Yea-Nay Vote. 47 - 51. Record Vote Number: 554.
What S.J.Res. 71 does, in plain terms
This joint resolution terminates the national emergency relating to energy declared by the President on January 20, 2025, in Executive Order 14156. The executive order states that the supply of and infrastructure for energy in the United States is insufficient to meet the country's needs. It defines energy as crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, uranium, coal, biofuels, geothermal heat, the kinetic movement of flowing water, and critical minerals. The executive order directs the heads of executive departments and agencies to use available emergency and other authorities to take certain actions to address this topic, including approving development of domestic energy resources, expediting the completion of authorized energy infrastructure (particularly in the Northeast, West Coast, and Alaska), and pursuing the use of emergency permitting provisions under certain environmental regulations. The executive order also directs the Department of Defense to conduct an assessment of its ability to acquire and transport energy resources (particularly in the Northeast and West Coast), and invokes emergency military construction authority to address any vulnerabilities identified in the assessment.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
This SI review finds SJRES 71 constitutional. It ends the January 20, 2025 energy emergency, withdraws emergency agency and military construction powers, and restores Congress, normal statutes, due process, and state and local control. Although it failed in the Senate 47-51, on substance it reduces federal overreach and protects rights and property.
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✓ Passes · Enumerated powers
Congress has explicit authority to define and terminate emergency powers it delegated by statute, exercised here under Article I, Section 8, Clause 18, the Necessary and Proper Clause, together with Article I, Section 1 vesting legislative power in Congress. A joint resolution ending reliance on emergency authorities for energy approvals, environmental permitting, and military construction restore… -
✓ Passes · Bill of Rights
Terminating an emergency declaration removes rather than creates rights burdens. No speech, religion, press, assembly, arms, search, trial, or other protection under Amendments 1-8 is infringed. The Ninth Amendment and Tenth Amendment are advanced because emergency permitting and emergency military construction authority are withdrawn, restoring normal statutory protections and reserved powers. -
✓ Passes · Individual sovereignty
This measure expands individual sovereignty. It ends directives that used emergency authority to accelerate federal energy, land-use, and permitting decisions, which can burden property, labor, contract, and local use. The burden was on the government to justify continued emergency rule, and that justification is withdrawn, leaving ordinary law where the government must still justify any restricti… -
✓ Passes · Decentralization
The Four-Question Test favors this measure. Energy development, infrastructure siting, and permitting can be handled through normal individual, local, and state processes without a federal emergency. The action does not consolidate power upward; it reverses upward consolidation by ending emergency agency directives, expedited federal permitting overrides, and invoked emergency military constructio… -
✓ Passes · Due process and takings
No person is deprived of life, liberty, or property without notice and hearing. Ending emergency permitting and emergency construction reduces the risk of arbitrary action under the Fifth Amendment Due Process Clause and reduces the risk of uncompensated takings under the Fifth Amendment Takings Clause. Normal condemnation, compensation, and judicial review procedures are restored.
Sources: Congress.gov: SJRES 71 summary
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