Constitution Index · H.Res. 1042 · 2026-02-09
Providing for consideration of the bill (H.R. 2189) to modernize Federal firearms laws to account for advancements in technology and less-than-lethal weapons, and for other purposes; providing for consideration of the bill (H.R. 261) to amend the National Marine Sanctuaries Act to prohibit requiring an authorization for the installation, continued presence, operation, maintenance, repair, or recovery of undersea fiber optic cables in a national marine sanctuary if such activities have previously been authorized by a Federal or State agency; providing for consideration of the bill (H.R. 3617) to amend the Department of Energy Organization Act to secure the supply of critical energy resources, including critical minerals and other materials, and for other purposes; and for other purposes.
Latest official status (2026-02-10): Motion to reconsider laid on the table Agreed to without objection.
Constitutional grade
A
Constitutional
H.Res. 1042 is a special rule of the House of Representatives. The Constitution expressly gives each House the power to determine the rules of its proceedings, and a rule merely sets the terms for debating and voting on three underlying bills. It does not enact the substantive provisions of H.R. 2189, H.R. 261, or H.R. 3617 and imposes no restriction on private rights. Any constitutional concerns in the underlying bills would be assessed when those bills are considered on their merits.
Article I, Section 5, Clause 2 Article I, Section 5 Amendment I 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
Article I, Section 5, Clause 2 expressly authorizes each House to determine the rules of its proceedings. A resolution providing for consideration of bills is a direct exercise of that authority. The enumerated-powers question for the underlying bills is separate; this rule itself is within Congress's express procedural power.
Bill of Rights · passes
The resolution does not regulate speech, religion, assembly, the press, petition, arms, quartering, searches, criminal procedure, takings, or any other right protected by the Bill of Rights. It only arranges floor consideration. Even limitations on debate time are internal legislative rules authorized by Article I, Section 5 and do not infringe the First Amendment rights of Members beyond the procedural structure established by the House.
Individual liberty · passes
This measure is directed at the internal legislative process and does not restrict what any person may do with their own person, property, speech, labor, or belief. It places no burden on any individual; the burden of justification would apply only to the substantive provisions of the underlying bills if they are enacted.
Decentralization · passes
The House's floor procedure cannot be conducted by individuals, localities, or states; the Constitution assigns it to the House of Representatives itself. The resolution does not consolidate private, local, or state decision-making upward because the power over House proceedings is already vested at the federal legislative level by Article I, Section 5, Clause 2. Therefore there is no Tenth Amendment issue.
Due process and takings · passes
The resolution takes no private property, deprives no person of life, liberty, or property, and creates no new administrative or judicial procedure. Because it is a procedural rule governing House consideration, the Fifth Amendment's Due Process and Takings Clauses are not implicated.
Provenance
- Congress.gov: HRES 1042 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #364 | 2026-10-09 | vfa-constitutional-grade/1.0 | a5b04df3c45d | current |
Cite this
Values for America. “Constitutional grade: H.Res. 1042, Providing for consideration of the bill (H.R. 2189) to modernize Federal firearms laws to account for advancements in technology and less-than-lethal weapons, and for other purposes; providing for consideration of the bill (H.R. 261) to amend the National Marine Sanctuaries Act to prohibit requiring an authorization for the installation, continued presence, operation, maintenance, repair, or recovery of undersea fiber optic cables in a national marine sanctuary if such activities have previously been authorized by a Federal or State agency; providing for consideration of the bill (H.R. 3617) to amend the Department of Energy Organization Act to secure the supply of critical energy resources, including critical minerals and other materials, and for other purposes; and for other purposes..” VFA Constitution Index, grade 364 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/364. Accessed 2026-10-20.
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