Constitution Index · S. 1823 · 2025-05-20
Black Vulture Relief Act of 2025
Latest official status (2025-05-20): Read twice and referred to the Committee on Environment and Public Works.
Constitutional grade
B
Mostly sound
The bill is a federal action that modifies an existing permit system under the Migratory Bird Treaty Act, which is a valid exercise of the treaty power and the Commerce Clause. It does not infringe on constitutional rights, and it actually reduces federal restrictions on private property owners. The main constitutional concern is the annual reporting requirement, which imposes a minor burden on individuals and could be seen as a slight consolidation of federal oversight, but it is not a significant overreach.
Article II, Section 2, Clause 2 Article I, Section 8, Clause 18 Amendment V
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 regulate migratory birds under the treaty power (Article II, Section 2, Clause 2) and the necessary and proper clause (Article I, Section 8, Clause 18), as implemented by the Migratory Bird Treaty Act. This bill amends that statutory scheme, so it falls within existing federal authority. The regulation of black vultures, which are migratory birds, is a valid exercise of federal power.
Bill of Rights · passes
The bill does not infringe on 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. In fact, it expands the rights of livestock producers to protect their property, which aligns with the Fifth Amendment's protection of property rights.
Individual liberty · passes · severity: minor
The bill enhances individual sovereignty by allowing livestock producers to take action against black vultures without needing a federal permit, thereby reducing government restriction on their property and livelihood. The annual reporting requirement is a minor administrative burden, but it is justified by the need to monitor the impact on a protected species and is not a significant restriction on individual freedom.
Decentralization · passes · severity: minor
The bill does not consolidate decision-making at a higher level of government; it actually devolves authority from the federal permit system to individual livestock producers. The reporting requirement is a minimal federal oversight mechanism, but it does not prevent individuals or states from handling the issue. The federal role is limited to monitoring, which is appropriate given the interstate nature of migratory bird management.
Due process and takings · passes
The bill does not bypass due process or take property without just compensation. It provides a clear standard (reasonable belief of threat to livestock) and a reporting mechanism, which gives notice and an opportunity to comply. It does not involve any taking of property; rather, it allows property owners to protect their livestock from predation.
Provenance
- Congress.gov: S 1823 summary · fetched 2026-10-10 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #652 | 2026-10-11 | vfa-constitutional-grade/1.0 | 9fcfab4b40ae | current |
Cite this
Values for America. “Constitutional grade: S. 1823, Black Vulture Relief Act of 2025.” VFA Constitution Index, grade 652 (rubric vfa-constitutional-grade/1.0), graded October 11, 2026. https://www.valuesforamerica.com/constitution-index/grades/652. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/652
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