CHARM Act

Enumerated powers · passes · severity: minor

The federal government has authority under Article I, Section 8, Clause 3 (Commerce Clause) to regulate activities that substantially affect interstate commerce, including the recovery of critical minerals from discarded materials, which are part of the national waste stream and supply chain. Additionally, the federal government has property powers under Article IV, Section 3, Clause 2, though the bill primarily relies on Commerce Clause authority. The EPA's role in coordinating a national strategy is within this scope, as critical minerals are essential to national security and economic stability, which are legitimate federal concerns.

Bill of Rights · passes

The bill does not infringe on any of the first ten amendments. It imposes no restrictions on speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial by jury, or cruel and unusual punishment. The bill merely requires the EPA to develop a strategy and report to Congress, which does not implicate individual rights.

Individual liberty · passes

The bill does not restrict individual liberty or property rights. It does not mandate that individuals take any action, nor does it prohibit any activity. It only directs the EPA to create a national strategy, which may include recommendations but does not itself impose obligations on individuals. The burden of proof for any future restrictions would fall on the government, but this bill does not impose such restrictions.

Decentralization · raises concerns · severity: minor

The bill fails the decentralization test because it consolidates decision-making at the federal level for a matter that could be handled at lower levels. While individuals cannot handle critical mineral recovery alone, local communities and states can and do manage waste and recycling programs. The federal government's role should be limited to coordination and research, not a comprehensive national strategy. The bill's requirement for a national strategy and biennial reports to Congress centralizes authority unnecessarily.

Due process and takings · passes

The bill does not bypass due process or take property without just compensation. It does not impose penalties, seize property, or adjudicate rights. The reporting requirement is a standard administrative function that does not affect individual rights. There is no deprivation of life, liberty, or property, so the Due Process Clause of the Fifth Amendment is not implicated.