Constitution Index · H.J.Res. 140 · 2026-01-12
Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to Public Land Order No. 7917 for Withdrawal of Federal Lands; Cook, Lake, and Saint Louis Counties, MN.
Latest official status (2026-04-27): Became Public Law No: 119-85.
Constitutional grade
A
Constitutional
Congress acted within its Property Clause authority over federal lands to disapprove a 20-year mineral withdrawal, with no Bill of Rights infringement, no restriction on private person or property, no upward consolidation beyond the necessary federal proprietor, and no due process or takings violation.
Article IV, Section 3, Clause 2 Article I, Section 7 Amendment I Amendment IX 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
Congress has explicit authority over federal property under Article IV, Section 3, Clause 2, the Property Clause, which grants Congress power to dispose of and make all needful rules respecting territory and other property belonging to the United States. Nullifying a Bureau of Land Management withdrawal order for 225,504 acres of National Forest System lands and restoring mineral and geothermal leasing eligibility is a direct exercise of that proprietary and regulatory power, executed through the Article I, Section 7 legislative process and the Congressional Review Act in chapter 8 of title 5, United States Code.
Bill of Rights · passes
Nullifying Public Land Order 7917 does not abridge speech, religion, press, assembly, or petition under the First Amendment, does not implicate the Second, Third, Sixth, Seventh, or Eighth Amendments, and effects no search, seizure, compelled testimony, or taking under the Fourth and Fifth Amendments. It removes a use-restriction on federal land and permits leasing; it does not compel belief, censor expression, or authorize invasion of private persons or homes.
Individual liberty · passes
This measure does not restrict what a person may do with their own person, private property, speech, labor, or belief. It governs the use of public lands owned collectively through the federal government, not private holdings, and in fact widens lawful opportunity for mineral and geothermal exploration through leasing. No private conduct is criminalized and no compelling-justification test is triggered under the Ninth Amendment retained-rights principle.
Decentralization · passes
Management and disposition of federally owned National Forest System lands cannot be handled by an individual, family, county, or state acting alone, because title is held by the United States. Action by Congress is the minimum necessary level under the Tenth Amendment, and this resolution does not consolidate new power upward; it exercises existing proprietary stewardship and restores leasing authority rather than creating a new federal regulatory program.
Due process and takings · passes
No person is deprived of life, liberty, or property without due process under the Fifth Amendment, and no property is taken for public use without just compensation under the Fifth Amendment Takings Clause. The resolution alters the permitted uses of government-owned land and follows the lawful legislative process under Article I, Section 7; it provides public notice through enrollment and publication as Public Law 119-85 and adjudicates no individual guilt or private title.
Provenance
- Congress.gov: HJRES 140 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #171 | 2026-10-08 | vfa-constitutional-grade/1.0 | 03a6729512e6 | current |
Cite this
Values for America. “Constitutional grade: H.J.Res. 140, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to Public Land Order No. 7917 for Withdrawal of Federal Lands; Cook, Lake, and Saint Louis Counties, MN..” VFA Constitution Index, grade 171 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/171. Accessed 2026-10-19.
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