Constitution Index · H.R. 164 · 2025-01-03
POWER Act of 2025
Latest official status (2025-01-16): Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Constitutional grade
B
Mostly sound
The POWER Act of 2025 is a federal statute that authorizes electric utilities receiving emergency assistance to also perform cost-effective hazard mitigation activities, and allows them to receive hazard mitigation assistance for the same facility under FEMA's Public Assistance program. The bill operates within the federal government's enumerated powers under the Spending Clause and the Commerce Clause, as it conditions federal funds on compliance and addresses interstate electricity infrastructure. It does not infringe on individual rights, and it does not take property without due process. However, the bill centralizes decision-making at the federal level, as it expands the scope of a federal assistance program, which could be handled more locally. The bill does not violate the Tenth Amendment because it does not commandeer state or local governments; it merely offers voluntary federal assistance. The grade is B due to minor federalism concerns.
Amendment X Article I, Section 8, Clause 1 Article I, Section 8, Clause 3
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 federal government has authority to spend for the general welfare under Article I, Section 8, Clause 1 (Spending Clause). The bill authorizes federal spending for hazard mitigation in connection with emergency power restoration, which is a legitimate federal interest. Additionally, the regulation of interstate electricity infrastructure falls under the Commerce Clause (Article I, Section 8, Clause 3). The bill does not exceed these enumerated powers.
Bill of Rights · passes
The bill does not implicate any of the first ten amendments. 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. The Tenth Amendment is not violated because the bill does not commandeer state or local governments; it merely offers voluntary federal assistance.
Individual liberty · passes
The bill does not restrict individual liberty. It authorizes additional federal assistance to electric utilities, which is a benefit, not a restriction. Individuals are not compelled to do anything; the bill does not burden personal autonomy, property, speech, labor, or belief.
Decentralization · raises concerns · severity: minor
The bill fails the decentralization test because it consolidates decision-making at the federal level. While an individual or family cannot handle large-scale power restoration, local communities and states can and do manage hazard mitigation and power restoration. The federal government's role should be limited to providing resources, not expanding its programmatic reach. The bill expands the federal role by allowing utilities to bundle hazard mitigation with emergency assistance, which could be handled at the state or local level. However, the bill does not directly violate the Tenth Amendment because it is voluntary and does not commandeer state or local governments.
Due process and takings · passes
The bill does not bypass due process or take property without just compensation. It provides additional federal assistance, which is a benefit, not a deprivation. There is no arbitrary government action; the bill sets criteria for eligibility and cost-effectiveness. No property is taken; rather, funds are provided.
Provenance
- Congress.gov: HR 164 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #587 | 2026-10-11 | vfa-constitutional-grade/1.0 | f7ab942a3cf2 | current |
Cite this
Values for America. “Constitutional grade: H.R. 164, POWER Act of 2025.” VFA Constitution Index, grade 587 (rubric vfa-constitutional-grade/1.0), graded October 11, 2026. https://www.valuesforamerica.com/constitution-index/grades/587. Accessed 2026-10-20.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/587
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