Constitution Index · H.R. 2140 · 2025-03-14
Diesel Emissions Reduction Act of 2025
Latest official status (2026-09-16): Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 624.
Constitutional grade
B
Mostly sound
Voluntary federal grant program grounded in the Article I spending power with no rights infringement or coercion, but it places at the federal level a function states and localities could perform, warranting a B.
Article I Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Amendment I Amendment II Amendment IV Amendment V Amendment IX Amendment X
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
Federal authority rests on Article I, Section 8, Clause 1, the power to lay and collect taxes to provide for the general Welfare, which supports conditional spending for grants and loans. No direct regulatory mandate is imposed, so the measure stays within the spending power and does not exceed Commerce Clause limits under Article I, Section 8, Clause 3.
Bill of Rights · passes
No provision of the first ten Amendments is infringed. The bill creates voluntary grants, rebates, or loans, it does not restrict speech under the First Amendment, does not disarm under the Second Amendment, does not authorize searches under the Fourth Amendment, and does not compel testimony under the Fifth Amendment.
Individual liberty · passes
The bill does not restrict what a person may do with their own person, property, speech, labor, or belief. Participation is voluntary, no engine use is banned and no belief or expression is compelled, so the government bears no further burden of justification under the Ninth Amendment and Tenth Amendment reservation of liberty.
Decentralization · raises concerns · severity: minor
Individual owners can replace their own engines, so individual action is possible in part but fleet-wide emission control benefits from coordination. Local communities and states can and do handle emission retrofit programs, so both local_can_handle and state_can_handle are true. The bill consolidates funding and standard-setting at the federal level under the Environmental Protection Agency rather than the minimum necessary level, so it consolidates upward and fails decentralization.
Due process and takings · passes
No deprivation of life, liberty, or property under the Fifth Amendment Due Process Clause and no taking under the Fifth Amendment Takings Clause. The program offers voluntary financial support with notice and application procedures, imposes no penalty, seizure, or property transfer without just compensation.
Provenance
- Congress.gov: HR 2140 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #235 | 2026-10-08 | vfa-constitutional-grade/1.0 | fdde730eb95f | current |
Cite this
Values for America. “Constitutional grade: H.R. 2140, Diesel Emissions Reduction Act of 2025.” VFA Constitution Index, grade 235 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/235. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/235
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