A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The 'Omnibus' Low NOx Regulation; Waiver of Preemption; Notice of Decision".

Enumerated powers · passes

Congress has the enumerated power to legislate on interstate commerce (Article I, Section 8, Clause 3) and to make all laws necessary and proper for executing its powers (Article I, Section 8, Clause 18). The Clean Air Act, under which the EPA waiver was granted, is a valid exercise of the commerce power. The Congressional Review Act, which authorizes this joint resolution, is a procedural mechanism for Congress to exercise its legislative authority to disapprove agency rules. Thus, the resolution is within Congress's enumerated powers.

Bill of Rights · passes

The resolution 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, fair trial, jury, cruel and unusual punishment, or unenumerated rights. It is a purely legislative action regarding administrative rulemaking.

Individual liberty · passes

The resolution does not restrict individual liberty. It nullifies an EPA waiver that would have allowed California to enforce stricter emission standards. While this may affect the regulatory environment, it does not directly restrict what individuals can do with their person, property, speech, labor, or belief. The burden of justification for any indirect effect is met by Congress's broad authority over interstate commerce and environmental regulation.

Decentralization · passes

The resolution does not consolidate decision-making at a higher level of government. On the contrary, it removes a federal waiver that would have allowed California to set its own standards, thereby reducing federal involvement in state environmental policy. This aligns with the principle of decentralization, as it allows states to make their own choices without federal preemption. The four-question test: (1) Individuals cannot handle this alone; (2) Local communities cannot handle this alone; (3) States can handle this without federal involvement, and this resolution supports that; (4) It does not consolidate upward—it actually devolves authority back to states.

Due process and takings · passes

The resolution does not bypass due process or take property without just compensation. It is a legislative action that follows the procedures of the Congressional Review Act, which provides for congressional disapproval of agency rules. There is no deprivation of life, liberty, or property without due process, and no taking of private property for public use without just compensation.