Constitution Index · S.J.Res. 31 · 2025-03-06
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act".
Latest official status (2025-06-20): Became Public Law No: 119-20.
Constitutional grade
A
Constitutional
Constitutional oversight that stays inside enumerated commerce and oversight powers, infringes no rights, expands individual and state latitude, and uses lawful process. Grade A.
Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Amendment I Amendment IX Amendment X Amendment V Article I, Section 7
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 acts within explicit authority. Article I, Section 8, Clause 3 gives Congress power over interstate commerce, the established basis for Clean Air Act regulation of interstate emissions. Article I, Section 8, Clause 18 authorizes laws necessary and proper to oversee and limit executive implementation, exercised here through the Congressional Review Act in chapter 8 of title 5. Disapproving an agency rule is core legislative oversight, not an extra-enumerated power grab.
Bill of Rights · passes
This resolution restricts government regulation rather than individual liberty. It does not limit speech, religion, press, assembly under the First Amendment, does not implicate the Second, Third, Fourth, Sixth, Seventh, or Eighth Amendments, and does not authorize searches, seizures, or compelled testimony under the Fourth and Fifth Amendments. By removing an added regulatory condition on reclassification, it leaves Ninth Amendment unenumerated rights and Tenth Amendment reserved powers intact.
Individual liberty · passes
The resolution lessens federal restraint on private persons, property use, and labor by nullifying a requirement to retain major-source controls after becoming an area source. It adds no new prohibition on speech, belief, work, or property. Any remaining area-source standards must still be justified by the government, but this measure itself expands rather than contracts individual sovereignty.
Decentralization · passes
Emissions control involves interstate spillovers that individuals and single counties cannot fully handle, so some government role remains. However this measure moves power downward: it blocks a federal agency from locking sources into major-source controls after reclassification, preserving room for state implementation of Clean Air Act area-source standards under 42 U.S.C. cooperative federalism. It does not consolidate decision-making upward and respects the Tenth Amendment.
Due process and takings · passes
No person is deprived of life, liberty, or property without process under the Fifth Amendment Due Process Clause, and no property is taken for public use under the Fifth Amendment Takings Clause. The resolution itself went through bicameralism and presentment under Article I, Section 7, with fair notice via chapter 8 of title 5 disapproval procedures. It reduces compliance burdens rather than imposing retroactive punishment or arbitrary mandates.
Provenance
- Congress.gov: SJRES 31 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #199 | 2026-10-08 | vfa-constitutional-grade/1.0 | 586b7f392730 | current |
Cite this
Values for America. “Constitutional grade: S.J.Res. 31, A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act"..” VFA Constitution Index, grade 199 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/199. Accessed 2026-10-19.
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