Constitution Index · H.R. 77 · 2025-01-03
Midnight Rules Relief Act
Latest official status (2025-02-13): Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Constitutional grade
B
Mostly sound
The Midnight Rules Relief Act is a procedural bill that adjusts how Congress reviews and disapproves regulations under the Congressional Review Act. It does not expand federal power beyond the legislative authority granted by Article I, nor does it infringe on individual rights. The primary constitutional tension is the potential for bundling multiple regulations into a single disapproval resolution, which could undermine the clarity and deliberative quality of legislative action, but this is a minor procedural concern rather than a direct constitutional violation.
Article I Article I, Section 1 Article I, Section 8, Clause 18
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 broad authority under Article I, Section 1 to legislate, and the Necessary and Proper Clause (Article I, Section 8, Clause 18) allows Congress to structure its own review of executive regulations. The bill merely modifies the procedural mechanism for congressional disapproval of regulations, which is within Congress's legislative powers.
Bill of Rights · passes
The bill does not implicate any of the first ten amendments. It concerns the internal legislative process for disapproving regulations and does not affect speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, trial rights, jury rights, cruel and unusual punishment, unenumerated rights, or reserved powers.
Individual liberty · passes
The bill does not restrict individual liberty or property rights. It only changes how Congress may bundle disapproval resolutions, which is a procedural matter. It does not impose any new restrictions on individuals or require them to justify their freedoms.
Decentralization · passes
This bill operates at the federal level, but it does not consolidate decision-making upward in a way that violates decentralization principles. It concerns the federal government's review of federal regulations, which is inherently a federal function. The questions: (1) individuals cannot handle this—it is a federal legislative procedure; (2) local communities cannot handle this—it is a federal matter; (3) states cannot handle this—it is a federal matter; (4) it does not consolidate decision-making beyond the federal level because it is already at the federal level. The bill does not shift power from states or localities to the federal government.
Due process and takings · passes
The bill does not affect due process or takings. It is a procedural rule for Congress, not an executive or judicial action that would deprive individuals of life, liberty, or property. It does not bypass any hearing or notice requirements for individuals.
Provenance
- Congress.gov: HR 77 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #571 | 2026-10-10 | vfa-constitutional-grade/1.0 | 6bedee1e97ad | current |
Cite this
Values for America. “Constitutional grade: H.R. 77, Midnight Rules Relief Act.” VFA Constitution Index, grade 571 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/571. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/571
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