Constitution Index · H.Res. 122 · 2025-02-10
Providing for consideration of the bill (H.R. 77) to amend chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for "midnight rules", and for other purposes.
Latest official status (2025-02-11): 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 a bill in the House of Representatives. It does not itself enact any substantive law, appropriate funds, or restrict individual rights. It falls squarely within the House's constitutional authority to determine its own rules of proceeding under Article I, Section 5, Clause 2. No enumerated power is exceeded, no rights are infringed, and the resolution does not consolidate power upward—it merely sets the terms for debating a bill that would itself address the review of agency rules. The resolution passes all five constitutional checks.
Article I, Section 5, Clause 2 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
The House of Representatives has explicit constitutional authority to determine the rules of its own proceedings under Article I, Section 5, Clause 2. This resolution is a rule for considering a specific bill, which is a core legislative function. It does not purport to exercise any power beyond that granted to Congress, and it does not delegate or expand federal authority. The underlying bill (H.R. 77) would amend Title 5 of the U.S. Code regarding congressional review of agency rules, which is within Congress's legislative authority under Article I, Section 1 and the Necessary and Proper Clause (Article I, Section 8, Clause 18).
Bill of Rights · passes
The resolution does not implicate any of the first ten amendments. It is a purely procedural measure that sets debate time, waives points of order, and provides for a motion to recommit. It does not restrict speech, religion, press, assembly, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, jury rights, cruel and unusual punishment, or any other enumerated right. The resolution is neutral as to content and applies only to the internal workings of the House.
Individual liberty · passes
This resolution does not restrict any individual's person, property, speech, labor, or belief. It is a rule of legislative procedure that applies only to Members of the House in their official capacity. It does not impose any obligation, prohibition, or penalty on private citizens. The burden of justification for restricting individual sovereignty is not triggered because no such restriction exists.
Decentralization · passes
This resolution is a procedural rule for the House of Representatives, which is a federal legislative body. It does not involve action by individuals, local communities, or states. The question of whether an individual, local community, or state could handle the matter is inapplicable because the resolution concerns the internal proceedings of the federal legislature. It does not consolidate decision-making upward; it merely governs how the House will consider a bill. The underlying bill, which addresses congressional review of agency rules, is a federal matter because it concerns the oversight of federal administrative agencies. The resolution itself does not shift power from states to the federal government; it is a necessary part of the federal legislative process.
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 the House, and it does not affect the rights of any individual outside of the legislative process. The waiver of points of order is a common and accepted practice in the House, and it does not violate due process because it applies only to the internal consideration of legislation, not to any adjudicative proceeding.
Provenance
- Official text: HRES 122 (Engrossed in House) · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #575 | 2026-10-10 | vfa-constitutional-grade/1.0 | 3817471d82ea | current |
Cite this
Values for America. “Constitutional grade: H.Res. 122, Providing for consideration of the bill (H.R. 77) to amend chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for "midnight rules", and for other purposes..” VFA Constitution Index, grade 575 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/575. Accessed 2026-10-19.
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