RED Tape Act

Enumerated powers · passes

Congress has authority under the Commerce Clause (Article I, Section 8, Clause 3) and the Necessary and Proper Clause (Article I, Section 8, Clause 18) to regulate environmental matters affecting interstate commerce and to structure federal agency procedures. The Clean Air Act is a valid exercise of this power, and removing a redundant review requirement is within Congress's discretion to organize the executive branch.

Bill of Rights · passes

The bill does not implicate any provision of the Bill of Rights. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It merely eliminates a procedural step for federal agency review.

Individual liberty · passes

The bill imposes no restriction on individual action regarding person, property, speech, labor, or belief. It addresses inter-agency review requirements for federal projects and regulations, not private conduct. The government bears no burden to justify a restriction because none exists.

Decentralization · passes

The bill removes a federal review requirement, thereby reducing federal procedural involvement. It does not consolidate decision-making upward; rather, it eliminates a layer of federal oversight. While the underlying NEPA review remains federal, the removal of a duplicative EPA step is a modest move toward less centralized bureaucracy. All four questions are answered in a manner consistent with constitutional decentralization principles.

Due process and takings · passes

The bill does not affect procedural or substantive due process rights, nor does it involve the taking of private property. It merely removes a requirement for EPA review and comment on federal actions. No person is deprived of life, liberty, or property without due process, and no property is taken without just compensation. The Fifth Amendment is not implicated.