Constitution Index · H.J.Res. 213 · 2026-08-10

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule issued by the Environmental Protection Agency relating to the "California State Nonroad Engine Pollution Control Standards; Commercial Harbor Craft Regulations; Notice of Decision".

Latest official status (2026-09-17): Received in the Senate.

Official source ↗

Constitutional grade

A

Constitutional

HJRES 213 is a constitutional use of congressional oversight to nullify an EPA authorization for added California harbor-craft emission rules. It stays within enumerated legislative power, infringes no rights, reduces burdens on individuals, returns decision-making toward the states, and involves no taking or due-process denial.

Article I, Section 1 Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Amendment X Amendment V

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 acts within explicit authority. Article I, Section 1 vests legislative power in Congress. Article I, Section 8, Clause 3 supports regulation of interstate commerce affected by harbor craft, and Article I, Section 8, Clause 18 supports laws necessary and proper for overseeing executive agencies. Review and disapproval of agency rules under chapter 8 of title 5 is a legislative check on delegated executive action, not an expansion of federal power.

Bill of Rights · passes

HJRES 213 does not restrict speech, religion, press, assembly, arms, privacy against search, or other protections in the first ten Amendments. It removes a federal authorization for added emission rules, thereby reducing regulatory burden rather than imposing a rights restriction. No provision of the First through Tenth Amendments is infringed.

Individual liberty · passes

The bill imposes no new mandate on persons, vessels, labor, belief, or speech. It revokes partial EPA authorization for CARB commercial harbor craft amendments, including expanded vessel coverage and compliance dates. The burden on owners and operators of commercial fishing boats and other craft is therefore reduced, leaving greater control over property and labor with individuals under the Ninth and Tenth Amendments.

Decentralization · passes

This resolution moves authority downward. (1) Individuals cannot set vessel emission standards alone, so individual handling is false. (2) Local ports alone cannot manage interstate harbor and vessel pollution, so local handling is false. (3) States can set nonroad standards under the Clean Air Act waiver process, so state handling is true. (4) It does not consolidate upward; it nullifies a federal Notice of Decision and restores the pre-authorization baseline, consistent with the Tenth Amendment reservation of powers.

Due process and takings · passes

The resolution does not seize property, impose fines, create criminal liability, or bypass notice and hearing. Under the Fifth Amendment Due Process and Takings Clauses, no property is taken and no proceeding is short-circuited. It uses the public legislative process under Article I, Section 1 and chapter 8 of title 5, preserving procedural regularity.

Provenance

Grade ID
226
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-08 10:51 UTC
Engine
primary SI engine
Source fetched
2026-10-08 09:43 UTC
Source SHA-256
7cfe50b8f5c21a8898d096a6896ba09d2e31c4875edf636689cebd8b493f0152
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #226 2026-10-08 vfa-constitutional-grade/1.0 7cfe50b8f5c2 current

Cite this

Values for America. “Constitutional grade: H.J.Res. 213, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule issued by the Environmental Protection Agency relating to the "California State Nonroad Engine Pollution Control Standards; Commercial Harbor Craft Regulations; Notice of Decision"..” VFA Constitution Index, grade 226 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/226. Accessed 2026-10-19.

Permalink: https://www.valuesforamerica.com/constitution-index/grades/226

Data: this grade as JSON · full export. Attribution required.

← The Constitution Index