POWER Act of 2025

Enumerated powers · passes

The federal government has authority to spend for the general welfare under Article I, Section 8, Clause 1 (Spending Clause). The bill authorizes federal spending for hazard mitigation in connection with emergency power restoration, which is a legitimate federal interest. Additionally, the regulation of interstate electricity infrastructure falls under the Commerce Clause (Article I, Section 8, Clause 3). The bill does not exceed these enumerated powers.

Bill of Rights · passes

The bill 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. The Tenth Amendment is not violated because the bill does not commandeer state or local governments; it merely offers voluntary federal assistance.

Individual liberty · passes

The bill does not restrict individual liberty. It authorizes additional federal assistance to electric utilities, which is a benefit, not a restriction. Individuals are not compelled to do anything; the bill does not burden personal autonomy, property, speech, labor, or belief.

Decentralization · raises concerns · severity: minor

The bill fails the decentralization test because it consolidates decision-making at the federal level. While an individual or family cannot handle large-scale power restoration, local communities and states can and do manage hazard mitigation and power restoration. The federal government's role should be limited to providing resources, not expanding its programmatic reach. The bill expands the federal role by allowing utilities to bundle hazard mitigation with emergency assistance, which could be handled at the state or local level. However, the bill does not directly violate the Tenth Amendment because it is voluntary and does not commandeer state or local governments.

Due process and takings · passes

The bill does not bypass due process or take property without just compensation. It provides additional federal assistance, which is a benefit, not a deprivation. There is no arbitrary government action; the bill sets criteria for eligibility and cost-effectiveness. No property is taken; rather, funds are provided.