Constitution Index · H.R. 4090 · 2025-06-23
Critical Mineral Dominance Act
Latest official status (2026-07-15): Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.
Constitutional grade
A
Constitutional
Constitutional management of federal property with no rights limits, no private taking, and no upward power shift. Grounded in Article IV property power and foreign commerce study, this mineral plan earns top marks.
Article IV Article IV, Section 3, Clause 2 Article I, Section 8, Clause 3 Amendment I Amendment IV Amendment IX Amendment X Amendment V Article III
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
Authority rests on Article IV, Section 3, Clause 2, giving Congress power to dispose of and make rules for territory and property belonging to the United States, which covers mining on National Forest System land and public lands. Reporting on import value is supported by Article I, Section 8, Clause 3 on commerce with foreign nations. No regulation of purely intrastate non-federal activity is mandated.
Bill of Rights · passes
No provision directs restriction of speech, religion, press, assembly, arms, searches, or other rights in Amendments 1-10. The bill addresses permitting and review of mining on federal land and study of supply chains. No censorship, seizure of private persons, or compelled testimony is authorized. First Amendment and Fourth Amendment are not implicated.
Individual liberty · passes
The bill does not restrict personal conduct, speech, belief, labor, or use of private property. It opens federal acreage to production and reduces administrative burdens, which widens rather than narrows lawful private labor and enterprise. Government bears no added justification burden under the Ninth Amendment and Tenth Amendment because no individual freedom is curtailed.
Decentralization · passes
The action concerns management of federal land, which under Article IV, Section 3, Clause 2 belongs to federal stewardship. Individuals, counties, and states cannot permit mining on National Forest System land or public lands owned by the United States. The bill does not transfer state or local authority upward; direction to review state and local laws is only a report, not preemption. Minimum necessary level is federal.
Due process and takings · passes
No deprivation of life, liberty, or property under the Fifth Amendment Due Process Clause, and no taking of private property for public use without just compensation under the Fifth Amendment Takings Clause. Expediting permits on federal land and mapping geology do not seize private parcels. Suspension or revision of agency burdens refers to executive actions, with judicial review still open under Article III.
Provenance
- Congress.gov: HR 4090 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #262 | 2026-10-08 | vfa-constitutional-grade/1.0 | f48beaccec35 | current |
Cite this
Values for America. “Constitutional grade: H.R. 4090, Critical Mineral Dominance Act.” VFA Constitution Index, grade 262 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/262. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/262
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