Sen. Roger WickerRoger WickerSenate votes to block USDA catfish inspections GOP senators: Obama bathroom guidance is 'not appropriate' Senate Republicans ask Trump to soften his tone 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 CochranSenate panel passes 4.5B defense bill Senate votes to block USDA catfish inspections GOP senators: Obama bathroom guidance is 'not appropriate' MORE (Miss.), Mike CrapoMike CrapoOvernight Finance: Path clears for Puerto Rico bill | GOP senator casts doubt on IRS impeachment | Senate approves .1B for Zika Senate passes broad spending bill with .1B in Zika funds Housing groups argue Freddie Mac's loss should spur finance reform MORE (Idaho), Charles GrassleyChuck GrassleySenate fight brews over Afghan visas Clinton email headache is about to get worse Ten senators ask FCC to delay box plan MORE (Iowa), James InhofeJames InhofeSenate contradicts itself on Gitmo Paul blocks chemical safety bill in Senate GOP senators propose sending ISIS fighters to Gitmo 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 RobertsSenate contradicts itself on Gitmo GOP senators propose sending ISIS fighters to Gitmo Passing the Kelsey Smith Act will help law enforcement save lives MORE (Kan.), Jeff SessionsJeff SessionsSenate fight brews over Afghan visas Sessions: Ryan 'needs to' endorse Trump soon GOP senator: 'I would consider’ being Trump’s VP MORE (Ala.), and John ThuneJohn ThuneHow airport security lines got so bad Self-driving cars: The next great leap in automotive safety Overnight Tech: Senate panel poised to advance email privacy bill MORE (S.D.).