GOP bill gives states standing to challenge federal regulations

Sen. Roger WickerRoger WickerTop GOP senator: Trump will have little effect on Senate races GOP senators to donors: Stick with us regardless of Trump Majority of GOP senators to attend Trump 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."

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"Small businesses, families, and individuals around the country are right to be frustrated with the growing size of their government," Wicker said Thursday. "My bill stresses the need for constitutional checks and balances on executive power and gives states and the American people a tool to challenge federal overreach."

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 GrassleyTop Dem Senate hopefuls to skip convention Election to shape Supreme Court Why one senator sees Gingrich as Trump's best VP choice MORE (Iowa), James InhofeJames InhofeFeds withdraw lesser prairie-chicken protections A GMO labeling law that doesn’t require English? No thanks! Majority of GOP senators to attend Trump convention MORE (Okla.), Johnny IsaksonJohnny IsaksonGOP senators to donors: Stick with us regardless of Trump Can Congress tackle chronic illness in Medicare patients? Policymakers take important step toward better end-of-life care MORE (Ga.), Pat RobertsPat RobertsMeet the rising GOP star who already enrages the left Senators ask IRS to issue guidance to help startups GOP makes new push on wildfire bills MORE (Kan.), Jeff SessionsJeff SessionsTrump starts considering Cabinet Trump tweets: 'Such a great honor' to be GOP nominee GOP nominates Trump for president MORE (Ala.), and John ThuneJohn ThuneFCC chief pushes phone companies to offer free robocall blocking How the new aviation law will affect your travel GOP chairman seeks answers about Tesla’s autopilot feature MORE (S.D.).

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