Sen. Roger WickerRoger WickerTo protect taxpayers, the Hyde Amendment must be permanent GOP pressures Kerry on Russia's use of Iranian airbase GOP to Obama: Sanction Chinese entities to get to North Korea 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 CochranMomentum builds for Clyburn poverty plan 'Hardball' Pentagon memo creates firestorm Insiders dominate year of the outsider MORE (Miss.), Mike CrapoMike CrapoLawmakers play catch-up as smartphone banking surges Senate panel approves pension rescue for coal miners Bank lobbyists counting down to Shelby’s exit MORE (Idaho), Charles GrassleyChuck GrassleyMcConnell blames dysfunction on Dems Four states sue to stop internet transition Senate passes bill to preserve sexual assault kits MORE (Iowa), James InhofeJames InhofeFunding bill rejected as shutdown nears Senate Dems: Add Flint aid to spending deal Shutdown risk grows over Flint MORE (Okla.), Johnny IsaksonJohnny IsaksonGrassley pulling away from Dem challenger Fifteen years since pivotal executive order, STORM Act could help fight terror finance GOP pressures Kerry on Russia's use of Iranian airbase MORE (Ga.), Pat RobertsPat RobertsGOP senators ask watchdog to examine Gitmo site surveys spending Senate panel approves pension rescue for coal miners Congress set for Saudi showdown with Obama MORE (Kan.), Jeff SessionsJeff Sessions3 ways the next president can succeed on immigration reform Funding bill rejected as shutdown nears Trump, Clinton discuss counterterrorism with Egyptian president MORE (Ala.), and John ThuneJohn ThuneJudge rejects attempt to stop internet oversight transfer Tech groups file court brief opposing internet transition suit Thune blasts FCC chairman on secrecy MORE (S.D.).