Constitution Index · H.J.Res. 105 · 2025-07-10
Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to "North Dakota Field Office Record of Decision and Approved Resource Management Plan".
Latest official status (2025-12-11): Became Public Law No: 119-49.
Constitutional grade
A
Constitutional
HJRES 105 is a constitutional exercise of congressional authority over federal public lands. Under the Property Clause and the Congressional Review Act process, Congress lawfully nullified a Bureau of Land Management resource plan, reducing federal restriction and infringing no rights or due process protections.
Article IV, Section 3, Clause 2 Article I, Section 8, Clause 18 Amendment I Amendment VIII Amendment X Amendment V Article I, Section 7
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has explicit authority here. Article IV, Section 3, Clause 2 (Property Clause) grants Congress power to dispose of and make all needful rules respecting federal territory and property, which includes Bureau of Land Management resource plans. Article I, Section 8, Clause 18 (Necessary and Proper Clause) supports the Congressional Review Act mechanism in chapter 8 of title 5, United States Code, for disapproval of agency rules. This is direct legislative oversight, not executive lawmaking.
Bill of Rights · passes
Nullification of an executive land-use plan does not abridge First Amendment speech, press, religion, assembly, or petition, nor does it implicate Second, Third, Fourth, Sixth, Seventh, or Eighth Amendment protections. No search, seizure, compelled testimony, or punishment is authorized. Tenth Amendment reserved powers are respected because Congress returns management discretion rather than imposing a new federal mandate on private conduct.
Individual liberty · passes
The resolution expands rather than restricts individual sovereignty. By nullifying limits on oil and gas development in low-potential areas and new coal leasing beyond four miles of existing mines, it reduces federal restraint on lawful labor, enterprise, and use of leased resources. No restriction on person, speech, belief, or property is imposed, so no compelling justification burden arises.
Decentralization · passes
Federal public lands are inherently federal to manage, so individual, local, or state handling alone is not legally sufficient while title remains in the United States. The action does not consolidate upward; it reverses agency centralization by disapproving a 2025 Bureau of Land Management plan that limited oil, gas, and coal development, thereby restoring congressional control and leaving room for state and local input on future planning. Passes the four-question test for a federal-property action.
Due process and takings · passes
No person is deprived of life, liberty, or property without due process under Fifth Amendment Due Process Clause, and no property is taken for public use without just compensation. The joint resolution follows prescribed legislative process - bicameralism and presentment under Article I, Section 7, Clauses 2-3 - with public enrollment as Public Law 119-49. It removes a restriction rather than imposing a deprivation.
Provenance
- Congress.gov: HJRES 105 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #182 | 2026-10-08 | vfa-constitutional-grade/1.0 | fdee4e7c8512 | current |
Cite this
Values for America. “Constitutional grade: H.J.Res. 105, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to "North Dakota Field Office Record of Decision and Approved Resource Management Plan"..” VFA Constitution Index, grade 182 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/182. Accessed 2026-10-19.
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