Establishes a commission to review federal agencies and recommend repeals of those whose powers are not explicitly delegated by the Constitution, aiming to return authority to the states.
Neal Dunn
Representative
FL-2
The "10th Amendment Restoration Act of 2025" establishes a Constitutional Government Review Commission to evaluate federal agencies and determine if their authority aligns with powers delegated by the Constitution. The Commission will make recommendations on whether to repeal agencies' authorizing statutes, aiming to return non-delegated powers to the states or the people. It will also suggest how to distribute federal budget savings to states for administering returned powers. Congress will then consider the Commission's recommendations under expedited procedures.
Okay, let's break down this proposed "10th Amendment Restoration Act of 2025." At its core, this bill sets up a new nine-member group called the Constitutional Government Review Commission (Sec. 2). Their job? To sift through federal agencies and their legal authority, deciding if those powers were actually granted to the feds by the Constitution. If the Commission decides an agency (or part of it) overstepped, they can recommend Congress repeal its authority.
So, who's on this Commission? The President appoints all nine members, with the Senate's okay, within 180 days of the bill passing (Sec. 3). There's a specific process involving recommendations from Congressional leaders to ensure folks knowledgeable in the Constitution's 'original meaning' are considered. The Chair needs specific expertise in constitutional principles. These members will serve for about five years (Sec. 10) and hold public meetings at least twice a year (Sec. 3). They've got a budget authorization of up to $30 million (Sec. 8) and the power to hire staff, request info from agencies (who must comply within two weeks), hold hearings, and even issue subpoenas to compel testimony or documents (Sec. 6, Sec. 7).
The Commission's main task is laid out in Section 4. They need to establish and publish how they'll review agencies – essentially, their methodology for deciding if a power is constitutionally delegated. They'll look at agency statutes and authorities, aiming to reserve non-delegated powers to states or the people. Anyone – the President, Congress members, government officials, or even you – can submit an agency or statute for review, provided they offer some evidence based on the Commission's criteria (Sec. 4(d)). After reviewing, the Commission votes (simple majority needed) on whether to recommend repeal. They also have to estimate the financial impact of repeal and suggest how potential savings could be sent back to states as lump sums (Sec. 4(b), 4(c)). All their work, submissions, and meeting records are supposed to be publicly available on a dedicated website (Sec. 4(g)-(k)).
Here’s where it gets interesting for folks watching Congress. Section 5 sets up expedited procedures for any legislative text the Commission formally recommends for repeal in its annual or final reports. If introduced by leadership, these "Commission bills" skip some usual hurdles. In the House, they go straight to the calendar, get limited debate (10 hours total), can't be amended, and need a simple majority to pass. The Senate process is similar: straight to the calendar, limited debate (30 hours total), no amendments allowed, and a simple majority vote (Sec. 5(c), 5(d)). This bypasses things like committee reviews and potential filibusters, aiming to force an up-or-down vote relatively quickly (within 30 legislative days of a motion to proceed).
What does this mean practically? It creates a formal process specifically designed to question the fundamental authority of federal agencies based on a particular view of the Constitution. Think about agencies dealing with environmental regulations, workplace safety, education standards, or consumer protection. This Commission could review their founding laws and recommend repeal if they deem the authority isn't explicitly listed in the Constitution. The expedited procedures mean these recommendations could move through Congress much faster than typical legislation, potentially leading to significant shifts in federal government scope and services with less deliberation than usual. The key unknown is how the Commission will define and apply its constitutional review criteria (Sec 4(a)), as that interpretation will directly shape which agencies face scrutiny and potential repeal recommendations.