Constitution Index · S.J.Res. 10 · 2025-02-03
A joint resolution terminating the national emergency declared with respect to energy.
Latest official status (2025-02-26): Failed of passage in Senate by Yea-Nay Vote. 47 - 52. Record Vote Number: 95. (consideration: CR S1364, S1367-1390)
Constitutional grade
A
Constitutional
SJRES 10 is constitutional. It uses lawful congressional authority to end an energy emergency, reducing federal overreach, restoring Bill of Rights safeguards, protecting individual sovereignty, decentralizing decisions toward states, and preserving due process and just compensation. SI analysis finds no rights infringement or power overstep.
Article I, Section 8, Clause 18 Article I, Section 1 Amendment I Amendment IV Amendment V Amendment IX Amendment X
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 to terminate a declared national emergency under Article I, Section 8, Clause 18 for carrying into execution federal powers, combined with Article I, Section 1 vesting of legislative power and the National Emergencies Act framework. This action does not assert a new substantive federal power; it withdraws extraordinary executive power and restores enumerated limits and separation of powers under Articles I and II.
Bill of Rights · passes
Termination removes emergency authorities that risked First Amendment petition/association burdens via expedited permitting, Fourth Amendment searches incident to infrastructure expansion, and Fifth Amendment takings pressure. No provision of SJRES 10 restricts speech, religion, press, arms, searches, trial rights, or other protections under Amendments 1-10. It restores normal statutory protections.
Individual liberty · passes
SJRES 10 imposes no restriction on person, property, speech, labor, or belief. Under Ninth Amendment and Fifth Amendment liberty, the burden is on government to justify restrictions. Emergency directives to expedite development and invoke military construction could burden property and local use; termination reduces that burden and restores the presumption of liberty.
Decentralization · passes
The resolution de-consolidates power. It ends federal emergency direction of energy development, expedited federal permitting overrides, and emergency military construction authority, returning decisions to normal state permitting and congressional authorization under Tenth Amendment. States can handle resource and land-use decisions without a federal emergency; while individuals and localities alone cannot manage interstate energy infrastructure, no upward consolidation occurs.
Due process and takings · passes
SJRES 10 improves due process and takings compliance under Fifth Amendment Due Process and Takings Clauses. Emergency permitting and emergency military construction authority increase risk of abbreviated notice/hearing and uncompensated physical or regulatory takings. Termination restores procedural due process with full notice, hearing, and judicial review, and requires any future takings to proceed with just compensation.
Provenance
- Congress.gov: SJRES 10 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #221 | 2026-10-08 | vfa-constitutional-grade/1.0 | d4446f33536c | current |
Cite this
Values for America. “Constitutional grade: S.J.Res. 10, A joint resolution terminating the national emergency declared with respect to energy..” VFA Constitution Index, grade 221 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/221. Accessed 2026-10-20.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/221
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