Sen. Roger WickerRoger WickerFive takeaways from Chao’s confirmation hearing Overnight Tech: Tech listens for clues at Sessions hearing | EU weighs expanding privacy rule | Senators blast Backpage execs Ex-Transportation chief: tax writers key to Trump’s infrastructure plan 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 CochranGOP senators voice misgivings about short-term spending bill Trump's wrong to pick Bannon or Sessions for anything Bottom Line MORE (Miss.), Mike CrapoMike CrapoLive coverage of Sessions confirmation hearing Senate rejects Paul's balanced budget Dems attack Trump SEC pick's ties to Wall Street MORE (Idaho), Charles GrassleyChuck GrassleyJeff Sessions will protect life Justice, FBI to be investigated over Clinton probes Pence meets with Kaine, Manchin amid Capitol Hill visit MORE (Iowa), James InhofeJames InhofeSenate teeing up Mattis waiver Lawmakers play nice at Russia hacking hearing Senate chairman meets Trump’s EPA nominee MORE (Okla.), Johnny IsaksonJohnny IsaksonTrump picks Obama nominee for VA secretary Five races to watch in 2017 GOP senators wary of nuking filibuster MORE (Ga.), Pat RobertsPat RobertsFive questions for Trump’s tax reform Who are the real champions for children? Senate GOP to Obama: Stop issuing new rules MORE (Kan.), Jeff SessionsJeff SessionsBooker will attend inauguration Mega-mergers poised to get green light under Trump WHIP LIST: How many Dems will back Sessions? MORE (Ala.), and John ThuneJohn ThuneWhy Trump should abolish the White House faith office Trump’s infrastructure plan: What we know Senate takes first step toward repealing ObamaCare MORE (S.D.).