Constitution Index · H.J.Res. 78 · 2025-03-21

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt".

Latest official status (2025-05-05): Received in the Senate.

Official source ↗

Constitutional grade

B

Mostly sound

The joint resolution uses Congress's express authority under the Congressional Review Act to disapprove an agency rule, which is a legitimate exercise of legislative power. It does not infringe on individual rights, and it returns decision-making to the political process rather than consolidating power. However, the resolution removes endangered species protections, which raises concerns about the federal government's duty to conserve species under the Endangered Species Act and the public interest in preserving natural resources. The action is within Congress's enumerated powers and does not violate the Bill of Rights, but it may be seen as undermining conservation efforts that have constitutional grounding in the Commerce Clause and treaty powers.

Article I, Section 1 Article I, Section 7 Article I, Section 8, Clause 3 Article II, Section 2

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 the explicit authority to pass joint resolutions disapproving agency rules under the Congressional Review Act (5 U.S.C. §§ 801-808), which is a delegation of Congress's legislative power under Article I, Section 1 and Article I, Section 7. The Endangered Species Act itself is grounded in Congress's Commerce Clause power (Article I, Section 8, Clause 3) and treaty powers (Article II, Section 2), and Congress may amend or repeal its own statutes. Thus, the resolution is within Congress's enumerated powers.

Bill of Rights · passes

The resolution does not implicate any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It is a legislative action regarding administrative rulemaking, not a criminal or civil rights matter.

Individual liberty · passes

The resolution does not restrict individual liberty or property rights. It removes federal protections for a species, which may affect property owners who would otherwise face restrictions under the Endangered Species Act, but the resolution itself does not impose any new restrictions on individuals. It actually reduces federal regulatory burdens on individuals and businesses, which is consistent with individual sovereignty.

Decentralization · passes

The resolution returns decision-making to Congress, which is the most representative and accountable branch of government. It does not consolidate power upward; rather, it checks the executive branch's rulemaking authority. The questions: (1) Individuals and families cannot handle endangered species conservation alone, so federal action is appropriate. (2) Local communities cannot handle this without state or federal involvement. (3) States could potentially handle this, but the species is interstate and international, so federal involvement is justified. (4) The resolution does not consolidate decision-making at a higher level; it exercises Congress's constitutional oversight role.

Due process and takings · passes

The resolution does not bypass due process or take property without just compensation. It is a legislative action that nullifies an agency rule, which is a standard procedure under the Congressional Review Act. It does not deprive any person of life, liberty, or property without due process, nor does it take private property for public use without compensation.

Provenance

Grade ID
541
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-10 15:20 UTC
Engine
backup SI engine
Source fetched
2026-10-08 09:43 UTC
Source SHA-256
38ee613560ee9601a3f592345ecfdd4e1a7e48e6d0592f03d3e1cfca16539563
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
B · #541 2026-10-10 vfa-constitutional-grade/1.0 38ee613560ee current

Cite this

Values for America. “Constitutional grade: H.J.Res. 78, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt"..” VFA Constitution Index, grade 541 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/541. Accessed 2026-10-19.

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