Sen. Roger WickerRoger WickerA guide to the committees: Senate Pruitt confirmation sets stage for Trump EPA assault Price huddles with Senate GOP on ObamaCare 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 CochranA guide to the committees: Senate Mulvaney sworn in as White House budget chief Senate confirms Mulvaney to be Trump’s budget chief MORE (Miss.), Mike CrapoMike CrapoA guide to the committees: Senate Time for the feds to deregulate gun suppressors Senate votes to repeal transparency rule for oil companies MORE (Idaho), Charles GrassleyChuck GrassleyGOP senator grilled over DeVos vote during town hall Big Pharma must address high drug prices ObamaCare fix hinges on Medicaid clash in Senate MORE (Iowa), James InhofeJames InhofeA guide to the committees: Senate GOP considers ways to ‘modernize’ endangered species law GOP bill would eliminate Consumer Financial Protection Bureau MORE (Okla.), Johnny IsaksonJohnny IsaksonA guide to the committees: Senate GOP rep on Trump: 'God has used imperfect people to do great things before' GOP senators unveil bill to give Congress control of consumer bureau budget MORE (Ga.), Pat RobertsPat RobertsThe buzzword everyone can agree on in the health debate: RESTORE A guide to the committees: Senate Angst in GOP over Trump's trade agenda MORE (Kan.), Jeff SessionsJeff SessionsGOP lawmaker suggests Sessions should recuse himself from any Russia probes Pelosi calls for DOJ probe of Priebus on FBI, Russia Roger Stone: Marijuana crackdown would be 'huge mistake' MORE (Ala.), and John ThuneJohn ThuneYahoo reveals new details about security Conquering Trump returns to conservative summit Low-income consumer broadband credits mean competitiveness, choice and compassion MORE (S.D.).