Sen. Roger WickerRoger WickerMcAuliffe: I wouldn't want a 'caretaker' in Kaine's Senate seat Top GOP senator: Trump will have little effect on Senate races GOP senators to donors: Stick with us regardless of Trump MORE (R-Miss.) and eight other Senate Republicans want to give states the right to challenge federal regulations when they believe the rules violate the Tenth Amendment to the Constitution.
Wicker's Restoring the 10th Amendment Act, S. 1632, is an attempt to set up checks on federal rule making authority at the state level. Wicker argues that the federal government has ignored the Tenth Amendment, which holds that powers not delegated to the federal government are "reserved to the States respectively, or to the people."
His bill gives state officials "special standing" to challenge proposed regulations during any public comment period. That challenge must be based on arguments that the proposed rule violates the Constitution's Tenth Amendment.
The bill requires the federal agency to post the challenge online, and if the agency decides to continue with the rule, it must certify that the rule does not violate the Tenth Amendment. That certification must include a legal reasoning that supports the agency's position.
Wicker has introduced similar legislation in the past two sessions of Congress. This year's bill is cosponsored by Sens. Thad CochranThad CochranWhy a bill about catfish will show whether Ryan's serious about regulatory reform Capitol locked down for second time in a week This week: Congress eyes the exits in dash to recess MORE (Miss.), Mike CrapoMike CrapoGOP warming up to Cuba travel Ann Coulter: VP pick is Trump's first mistake Overnight Finance: Freedom Caucus moves to impeach IRS chief | Calls for US-UK trade talks | Clinton ally offers trade for Trump tax returns MORE (Idaho), Charles GrassleyChuck GrassleyGrassley: Mylan not going far enough with EpiPen discounts Five things to know about the Clinton Foundation and its donors Clinton calls for EpiPen maker to lower price MORE (Iowa), James InhofeJames InhofeFeds weigh whether carbon pollution should be measured in highway performance GOP chairman: Kids are ‘brainwashed’ on climate change Feds withdraw lesser prairie-chicken protections MORE (Okla.), Johnny IsaksonJohnny IsaksonFeds propose forcing speed limits on large trucks, buses Cruz, Lee question legality of Iran payment GOP senator: Obama 'hid' Iran payment from Congress MORE (Ga.), Pat RobertsPat RobertsTrump's new agriculture brain trust includes Rick Perry, Jim Gilmore Newer waters, same river: The Louisiana floods, and a state in turmoil Meet the rising GOP star who already enrages the left MORE (Kan.), Jeff SessionsJeff SessionsSessions: 'I can be supportive' of Trump's immigration plans Hard-liners shrug off Trump’s softer tone on immigration Trump vows to protect jobs, wages for Hispanic voters MORE (Ala.), and John ThuneJohn ThuneApple, Google enlisted for FCC robocall effort Fidelity denies lobbying for student loan tax break Republicans see fresh chance to overhaul telecom law MORE (S.D.).