Preserving Choice in Vehicle Purchases Act of 2025

Enumerated powers · passes

Congress has authority under the Commerce Clause (Article I, Section 8, Clause 3) to regulate interstate commerce, which includes motor vehicle emissions that cross state lines. The Clean Air Act's waiver process is a valid exercise of this power, and amending it falls within Congress's enumerated powers.

Bill of Rights · passes

The bill does not implicate the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, or Ninth Amendments. It concerns state regulatory authority over vehicle emissions, not individual rights protected by the Bill of Rights.

Individual liberty · passes

The bill does not restrict individual liberties directly. It affects state regulatory powers and the availability of certain vehicle types, but it does not infringe on personal autonomy, property rights, or freedom of contract in a manner that violates the Constitution.

Decentralization · raises concerns · severity: significant

The bill fails the decentralization test because it consolidates decision-making at the federal level by limiting state authority to set stricter emission standards. While states could still regulate under federal guidelines, the bill preempts state choices that directly or indirectly limit internal combustion engine vehicles, thereby reducing state autonomy and experimentation. This is a significant federal overreach into state police powers.

Due process and takings · passes

The bill does not deprive any person of life, liberty, or property without due process. It does not involve takings of private property. The revocation of waivers is an administrative action that does not implicate the Takings Clause or procedural due process concerns.