School Bus Safety Act of 2025

Enumerated powers · raises concerns · severity: significant

The bill directs the Department of Transportation to regulate school bus safety features and training. The federal government's enumerated powers under Article I, Section 8 do not include a general police power to regulate education or local transportation. The Commerce Clause (Article I, Section 8, Clause 3) might be invoked because school buses are involved in interstate commerce, but the connection is tenuous; school buses primarily operate intrastate. The bill's requirements are not tied to interstate commerce in a substantial way, and the federal government has no enumerated power over education, which is reserved to the states under the Tenth Amendment.

Bill of Rights · passes

The bill does not directly infringe on any of the first ten amendments. It imposes safety regulations on school buses and training requirements, but these do not implicate speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, fair trial, jury, cruel and unusual punishment, or unenumerated rights. The requirements are regulatory and do not target protected conduct.

Individual liberty · passes · severity: minor

The bill restricts the freedom of school districts and bus manufacturers to choose safety features, but this is a commercial regulation, not a restriction on individual personal autonomy. The government has a compelling interest in child safety, and the restrictions are reasonable and narrowly tailored to that interest. Individuals are not directly burdened; the bill does not restrict personal speech, labor, or belief.

Decentralization · raises concerns · severity: significant

The bill fails the decentralization test. (1) Individuals and families cannot handle school bus safety on their own; they rely on schools. (2) Local communities and school districts could and should handle school bus safety, as they operate the buses and know local needs. (3) States can and do regulate school bus safety; the federal role is unnecessary. (4) The bill consolidates decision-making at the federal level, imposing uniform national standards where local variation is appropriate. This fails at least two questions, warranting a C grade.

Due process and takings · passes

The bill does not bypass due process or take property without just compensation. It imposes prospective regulations, which are subject to the legislative process. The grant program mitigates the financial burden on local educational agencies, but even without it, the regulations would not constitute a taking because they are not a physical invasion or a deprivation of all economic use. Procedural due process is satisfied because the rulemaking process includes notice and comment.