Constitution Index · H.Res. 161 · 2025-02-25
Providing for consideration of the joint resolution (H.J. Res. 20) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Energy relating to ‘‘Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters’’; providing for consideration of the joint resolution (H.J. Res. 35) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to ‘‘Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions’’; and providing for consideration of the concurrent resolution (H. Con. Res. 14) establishing the congressional budget for the United States Government for fiscal year 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034.
Latest official status (2025-02-25): Motion to reconsider laid on the table Agreed to without objection.
Constitutional grade
A
Constitutional
This resolution is a procedural rule governing floor consideration of three measures. It does not itself enact substantive policy, but merely sets the terms for debate and amendment. The Constitution grants each house of Congress the authority to determine its own rules of proceeding (Article I, Section 5, Clause 2), and this resolution is a classic exercise of that power. It does not infringe on any enumerated right, does not restrict individual sovereignty, does not consolidate power upward beyond the necessary legislative process, and does not implicate due process or takings concerns.
Article I, Section 5, Clause 2
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
The resolution is a procedural rule for the House of Representatives. Article I, Section 5, Clause 2 of the U.S. Constitution explicitly grants each house the power to 'determine the Rules of its Proceedings.' This is a direct constitutional authorization for the action taken. The resolution does not itself exercise any substantive legislative power; it merely provides for consideration of other measures, which is within the inherent authority of the House.
Bill of Rights · passes
The resolution does not restrict speech, religion, assembly, press, petition, the right to bear arms, or any other right protected by the Bill of Rights. It is a purely procedural measure governing legislative debate. No amendment is implicated.
Individual liberty · passes
The resolution imposes no restrictions on individual conduct, property, speech, labor, or belief. It does not regulate citizens directly. It only sets the terms for congressional consideration of other measures. The burden of justification for any restriction on individual sovereignty is not triggered because no such restriction exists.
Decentralization · passes
This resolution is an internal legislative procedure. It does not involve any action by individuals, local communities, or states. The four-question test is not applicable because the resolution does not consolidate decision-making power at any level of government; it is a necessary function of the legislative branch itself. The House is exercising its own constitutional authority to structure its proceedings, which is the most decentralized appropriate level for such a function.
Due process and takings · passes
The resolution does not deprive any person of life, liberty, or property, nor does it take private property for public use. It does not bypass any procedural or substantive due process requirements. It is a procedural rule for legislative consideration, and no individual's rights are at stake.
Provenance
- Congress.gov: HRES 161 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #569 | 2026-10-10 | vfa-constitutional-grade/1.0 | 1141dd9780ee | current |
Cite this
Values for America. “Constitutional grade: H.Res. 161, Providing for consideration of the joint resolution (H.J. Res. 20) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Energy relating to ‘‘Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters’’; providing for consideration of the joint resolution (H.J. Res. 35) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to ‘‘Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions’’; and providing for consideration of the concurrent resolution (H. Con. Res. 14) establishing the congressional budget for the United States Government for fiscal year 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034..” VFA Constitution Index, grade 569 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/569. Accessed 2026-10-20.
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