Sen. Roger WickerRoger WickerOvernight Healthcare: Senate making headway on Zika funding DNC head: Republicans ‘dropping like flies’ from convention Campaign chief to vulnerables: Stay away from GOP convention 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 CochranFirst US Zika death reported in Puerto Rico Overnight Healthcare: Medicare fight looms on Capitol Hill Senate GOP hardening stance against emergency funding for Zika MORE (Miss.), Mike CrapoMike CrapoBipartisan effort seeks end to budget gimmicks Republicans mum on possibility of Trump filling Supreme Court seat Senate approves first amendments to energy bill MORE (Idaho), Charles GrassleyChuck GrassleyOvernight Defense: House panel approves 0B defense bill Carter pledges probe of sex assault testimony Grassley: Carter emails contained 'sensitive' information MORE (Iowa), James InhofeJames InhofeThree more Republican senators to meet with Supreme Court nominee Senate unveils B waterways bill with aid for Flint 0 million Flint aid package included in water bill MORE (Okla.), Johnny IsaksonJohnny IsaksonSenate approves new Veterans Affairs watchdog Overnight Regulation: Republicans move to block financial adviser rule Senate Republicans move to block financial adviser rule MORE (Ga.), Pat RobertsPat RobertsInvestments in research and development are investments in American jobs GOP senator blocks Obama Army nominee over Guantanamo Senators call on Obama administration to address steel industry issues MORE (Kan.), Jeff SessionsJeff SessionsGOP warms to Trump The Hill's 12:30 Report Donald Trump snags endorsements from two GOP chairmen MORE (Ala.), and John ThuneJohn ThuneGOP blasts Obama for slow economic growth Overnight Tech: Business data deals on FCC agenda Overnight Tech: Email privacy bill gets its day MORE (S.D.).