Sen. Roger WickerRoger WickerRubio will run for reelection Lawmakers push first responder network on rural service Senate GOP deeply concerned over Trump effect 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 CochranWeek ahead: GOP to unveil ObamaCare replacement plan Senate panel breaks with House on cuts to IRS Overnight Healthcare: GOP ObamaCare plan to leave out key dollar figures | States get help to hold line on premiums MORE (Miss.), Mike CrapoMike CrapoPost Orlando, hawks make a power play Overnight Cybersecurity: Senate narrowly rejects expanding FBI surveillance powers Senate narrowly rejects new FBI surveillance MORE (Idaho), Charles GrassleyChuck GrassleyDozens of senators push EPA for higher ethanol mandate Civil liberties group mobilizes against surveillance amendment Brother may I? Congress must reform senseless drug regulation MORE (Iowa), James InhofeJames InhofeEPA proposes climate rule incentives despite court hold GOP chairman: EPA could ‘restructure every industrial sector’ GOP in disarray over Trump furor MORE (Okla.), Johnny IsaksonJohnny IsaksonGOP senators: Obama bathroom guidance is 'not appropriate' Amateur theatrics: An insult to Africa Dem senator blocks push to tie 'gun ban' to spending bill MORE (Ga.), Pat RobertsPat RobertsUSDA extends comment period for 'certified organic' animal rule Senate contradicts itself on Gitmo GOP senators propose sending ISIS fighters to Gitmo MORE (Kan.), Jeff SessionsJeff SessionsGOP senators: Brexit vote a wake-up call Sessions warns of 'radical' Clinton immigration policy Poll: Sanders, Rubio most popular VP picks MORE (Ala.), and John ThuneJohn ThuneRepublicans question Trump's trip to Scotland Short-term FAA bill would likely extend into next year, GOP chairman says Civil liberties group mobilizes against surveillance amendment MORE (S.D.).