Unleashing America's Offshore Critical Minerals and Resources

Enumerated powers · passes

President acts under Article II, Section 1 vesting of executive power and Article II, Section 3 duty to take care laws be executed, directing Commerce, Interior, Defense, Energy, and State to implement existing statutes cited in the order. Regulation of Outer Continental Shelf leasing, foreign commerce, and national defense supply chains falls within Article I, Section 8, Clause 3 Commerce Clause and Clause 18 Necessary and Proper, and Article IV, Section 3, Clause 2 Property Clause for federal territory and seabed. No new legislative authority is claimed.

Bill of Rights · passes

No provision directs or authorizes infringement of speech, religion, press, assembly under First Amendment, arms under Second Amendment, or search, seizure, self-incrimination, or trial rights under Fourth, Fifth, Sixth, Seventh, and Eighth Amendments. Order concerns agency permitting, mapping, reporting, and foreign partnership for seabed minerals, with express preservation of environmental and transparency standards and applicable law.

Individual liberty · passes

Order restricts no person in use of person, property, speech, labor, or belief. It expands lawful opportunity by streamlining permits, supporting deep sea science, and building domestic processing capacity. Any future permit denial to a specific applicant would remain subject to statutory criteria and judicial review, with burden on government under Fifth Amendment liberty protections. No compelled action or belief is imposed.

Decentralization · passes

Outer Continental Shelf and seabed areas beyond national jurisdiction are by nature federal and international domains under Article I, Section 8, Clause 10 Offences against Law of Nations and Clause 18 Necessary and Proper, and Article II, Section 2 Commander in Chief and foreign affairs power, plus Tenth Amendment reservation does not apply because states lack jurisdiction over federal seabed and high seas. No decision-making is moved upward from a level capable of handling it; federal level is the minimum necessary.

Due process and takings · passes

Order creates no deprivation of life, liberty, or property and authorizes no seizure, fine, or taking. It directs expedited review of licenses, leases, and permits consistent with applicable law under Fifth Amendment Due Process Clause and Takings Clause, preserving notice, hearing, and just compensation requirements in underlying statutes such as 30 U.S.C. 1401 et seq. and 43 U.S.C. 1331 et seq.