Constitution Index · H.R. 8790 · 2026-05-13
Next-Generation Geothermal Research and Development Act
Latest official status (2026-07-21): Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Constitutional grade
B
Mostly sound
The bill is a federal energy research and development program that falls within Congress's enumerated powers under the Spending Clause and Commerce Clause. It does not infringe on individual rights, and it does not take property or bypass due process. However, it consolidates significant decision-making and funding at the federal level, which raises decentralization concerns, though it does not directly violate the Tenth Amendment.
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
Congress has authority under Article I, Section 8, Clause 1 (Spending Clause) to appropriate funds for the general welfare, which includes energy research and development. Additionally, Article I, Section 8, Clause 3 (Commerce Clause) supports federal involvement in energy markets and interstate commerce. The bill directs federal agencies to conduct research, provide grants, and manage data, all of which are within 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 data repository expansion involves publicly available data and does not compel private disclosure in a manner that would violate the Fourth or Fifth Amendments.
Individual liberty · passes
The bill imposes no direct restrictions on individual liberty. It creates voluntary grant programs and research initiatives. Individuals and private entities are not compelled to participate, and the bill does not regulate personal conduct, property use, or labor. The burden of justification for any indirect effects is met by the public interest in energy research and development.
Decentralization · raises concerns · severity: minor
The bill fails the decentralization test because it consolidates decision-making and funding at the federal level. While individuals and local communities cannot easily conduct supercritical geothermal research, states could potentially handle such research with their own resources. The federal government's role is not the minimum necessary, as the bill centralizes program administration, grant distribution, and data management in federal agencies. However, the bill does not directly violate the Tenth Amendment because it does not commandeer state governments or prohibit state action.
Due process and takings · passes
The bill does not deprive any person of life, liberty, or property without due process. It does not impose penalties or take private property. The authorization for the Department of the Interior to commission drilling is for exploration boreholes in certain areas, which may involve federal lands, but the bill does not authorize taking private property without just compensation. Any such actions would be subject to existing legal requirements.
Provenance
- Congress.gov: HR 8790 summary · fetched 2026-10-09 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #609 | 2026-10-11 | vfa-constitutional-grade/1.0 | f52130dc0475 | current |
Cite this
Values for America. “Constitutional grade: H.R. 8790, Next-Generation Geothermal Research and Development Act.” VFA Constitution Index, grade 609 (rubric vfa-constitutional-grade/1.0), graded October 11, 2026. https://www.valuesforamerica.com/constitution-index/grades/609. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/609
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