10th Amendment Restoration Act of 2025
The 10th Amendment Restoration Act of 2025 would create the Constitutional Government Review Commission, a 9-member body appointed by the President with Senate consent, tasked with reviewing every federal agency’s authorizing statute and the agency’s statutory authority to determine whether any powers claimed by the federal government are not definitively delegated by the Constitution. If the Commission finds powers not constitutionally delegated, it would recommend repealing those statutes and the agency’s authority, effectively returning those powers to the states or the people. The bill envisions an ongoing public process: the Commission would establish and publish a methodology for its reviews, solicit public input, hold public meetings, and issue notices and reports. It also sets up a mechanism for lawmakers to consider the Commission’s recommendations quickly through an expedited legislative path to enact the repeal text, along with guidance on how any savings from repeal should be distributed to the states. Key features include a structured appointment process (with a chair appointed by the President and two Senate-confirmed appointees from each of candidate lists provided by House and Senate leaders), authority to hold hearings and issue subpoenas, access to agency information, staff and expert support, and a defined funding cap (up to $30 million). The Commission’s work would last for a defined period (terminating 5 years and 180 days after enactment or after all members’ terms begin, whichever is later). The act also specifies how the Commission’s work would be treated under federal rulemaking and procedural rules, including an expedited pathway for passage of “Commission bills” containing the Commission’s repeal text.
Key Points
- 1Establishment and purpose: Creates the Constitutional Government Review Commission to evaluate each agency’s authorizing statute and authority to determine if powers are not definitively delegated by the Constitution, with the aim of repealing non-delegated federal powers and returning them to states or the people.
- 2Membership and appointment: Nine members appointed by the President with Senate consent; includes a President-appointed Chair who has constitutional expertise and a process requiring candidate lists from House and Senate leaders; potential for re-submission if a candidate doesn’t meet qualifications.
- 3Public methodology and participation: The Commission must publish its review methodology, accept public comment, and hold public meetings. Submissions from the public or other government entities can prompt reviews, and all submissions must be publicly accessible on the Commission’s website.
- 4Repeal and savings distribution: After reviews, the Commission can issue repeal recommendations by majority vote. It must also estimate budgetary savings and propose how to distribute those savings to the States for administering powers returned through repeal.
- 5Expedited legislative path: The bill creates a fast-track process for enacting the Commission’s recommendations, including the introduction of a “Commission bill” containing the repeal text from annual and final reports, with expedited rules in both the House and Senate.
- 6Powers and oversight: The Commission can hold hearings, subpoena witnesses, require information from agencies, and hire staff or contractors. It may receive assistance from GAO, other federal entities, and potentially state or local governments.
- 7Funding and duration: Authorized appropriations up to $30 million, with funds available without fiscal year limitations until used or the Commission terminates. The Commission terminates 5 years and 180 days after enactment or 5 years after all members’ terms begin, whichever is later.
- 8Legal framework and applicability: The Commission would be subject to Chapter 10 of Title 5 (with some exceptions) and would be treated for rulemaking purposes as mandated, including charter considerations. Definitions cover agencies, states, and unfunded mandates as used in the bill.