Constitution Index · S.J.Res. 11 · 2025-02-04
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Ocean Energy Management relating to "Protection of Marine Archaeological Resources".
Latest official status (2025-03-14): Became Public Law No: 119-3.
Constitutional grade
A
Constitutional
This is a constitutional rollback of executive-branch overreach. Congress used lawful legislative authority to rescind a blanket federal reporting rule for the Outer Continental Shelf and restore evidence-based discretion, with no rights infringement, no sovereignty restriction, no upward consolidation, and no due process or takings issue.
Article I, Section 7 Article IV, Section 3, Clause 2 Article I, Section 8, Clause 18 Amendment I Amendment IV 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 acted through the legislative process in Article I, Section 7 and its oversight of federal property and regulation. Authority over the Outer Continental Shelf rests with the federal government under Article IV, Section 3, Clause 2, the Property Clause, and Congress may define, limit, or disapprove implementing agency rules through statute, supported by the Necessary and Proper Clause in Article I, Section 8, Clause 18. Repealing an agency rule exceeds no enumerated limit.
Bill of Rights · passes
This resolution restricts no speech, religion, press, assembly, arms, search, trial, or other protected right. It removes a blanket federal reporting mandate on lessees and restores a targeted standard where reports are required only with reason to believe a resource is present. No provision of the first ten Amendments, including the First Amendment and Fourth Amendment, is infringed.
Individual liberty · passes
The resolution lessens a restriction on private labor and property use by lessees and operators. Instead of compelling an archaeological report with every plan, it restores a cause-based trigger. The burden on speech, belief, person, or lawful enterprise is reduced, and no new justification under a compelling constitutional purpose is required because no new restriction is created.
Decentralization · passes
Management of the Outer Continental Shelf is inherently federal and cannot be handled by individuals, localities, or single states. The key question is upward consolidation. This resolution does the opposite: under the Tenth Amendment it reduces centralized federal direction by replacing a universal mandate with regional-director discretion tied to site-specific evidence, moving toward the minimum federal involvement necessary.
Due process and takings · passes
No fines, seizures, criminal liability, or property transfers are imposed. By narrowing a blanket regulatory condition on lease-plan approval, the measure reduces arbitrary administrative burden and better aligns agency conditions with reasoned, notice-based decisionmaking under the Fifth Amendment Due Process Clause. No taking requiring just compensation occurs.
Provenance
- Congress.gov: SJRES 11 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #218 | 2026-10-08 | vfa-constitutional-grade/1.0 | c4297a0dd477 | current |
Cite this
Values for America. “Constitutional grade: S.J.Res. 11, A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Ocean Energy Management relating to "Protection of Marine Archaeological Resources"..” VFA Constitution Index, grade 218 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/218. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/218
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