Constitution Index · S.J.Res. 29 · 2025-03-03
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 "Air Plan Approval; Ohio; Withdrawal of Technical Amendment".
Latest official status (2025-03-03): Read twice and referred to the Committee on Environment and Public Works.
Constitutional grade
B
Mostly sound
The joint resolution uses Congress's explicit authority under the Congressional Review Act to disapprove an agency rule, which is a legitimate exercise of legislative oversight. It does not infringe on individual rights, and it does not consolidate power at the federal level beyond what is necessary for Congress to exercise its enumerated powers. The only minor concern is that the resolution reinstates a state-level rule, which could be seen as a federal action affecting state policy, but it ultimately respects state sovereignty by allowing Ohio's SIP to include the Air Nuisance Rule as originally intended.
Article I, Section 1 Article I, Section 8, Clause 18
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 the authority to pass joint resolutions disapproving agency rules under the Congressional Review Act (5 U.S.C. §§ 801-808), which is an exercise of its legislative powers under Article I, Section 1 and the Necessary and Proper Clause (Article I, Section 8, Clause 18). The resolution is a direct exercise of Congress's oversight over the executive branch and its rulemaking, which is within its 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, trial rights, or cruel and unusual punishment. It is a procedural action regarding an EPA rule and does not affect individual rights.
Individual liberty · passes
The resolution does not restrict individual liberty or property rights. It merely nullifies an EPA rule that reinstated a state implementation plan provision. Individuals are not directly affected in their person, property, speech, labor, or belief. The action is a government-to-government matter between Congress and the EPA, with no direct impact on individual sovereignty.
Decentralization · passes
The resolution does not consolidate decision-making at a higher level of government than necessary. It is a congressional action to disapprove a federal agency rule, which is a proper exercise of federal legislative oversight. The rule in question was about Ohio's state implementation plan, and the resolution effectively allows Ohio's original state decision to stand. This does not centralize power; it prevents federal overreach.
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, providing notice and an opportunity for debate. It does not affect any individual's property rights or deprive anyone of life, liberty, or property without due process.
Provenance
- Congress.gov: SJRES 29 summary · fetched 2026-10-09 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #724 | 2026-10-11 | vfa-constitutional-grade/1.0 | 4e6075b24434 | current |
Cite this
Values for America. “Constitutional grade: S.J.Res. 29, 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 "Air Plan Approval; Ohio; Withdrawal of Technical Amendment"..” VFA Constitution Index, grade 724 (rubric vfa-constitutional-grade/1.0), graded October 11, 2026. https://www.valuesforamerica.com/constitution-index/grades/724. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/724
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