Sen. Roger WickerRoger WickerGOP senators avoid Trump questions on rigged election Senate Democrats aren't losing the money race after all To protect taxpayers, the Hyde Amendment must be permanent 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 CochranGOP senators avoid Trump questions on rigged election Momentum builds for Clyburn poverty plan 'Hardball' Pentagon memo creates firestorm MORE (Miss.), Mike CrapoMike CrapoThe Trail 2016: Who is really winning? GOP senator voting for Trump despite rescinding endorsement Senators urge resolution of US, Canada softwood lumber deal MORE (Idaho), Charles GrassleyChuck GrassleyKey GOP chairman calls for 'robust review' of AT&T-Time Warner deal Report: Investor visa program mainly funds wealthy areas Cotton not ruling out 2020 White House bid MORE (Iowa), James InhofeJames InhofeGOP senators avoid Trump questions on rigged election A dozen senators call for crackdown on Chinese steel Funding bill rejected as shutdown nears MORE (Okla.), Johnny IsaksonJohnny IsaksonIs Georgia turning blue? GOP senators avoid Trump questions on rigged election Dems seek cash to expand Senate map MORE (Ga.), Pat RobertsPat RobertsMosul campaign Trump called 'total disaster' making gains, officials say GOP senators avoid Trump questions on rigged election More Senate Republicans pressure Treasury over debt-equity rules MORE (Kan.), Jeff SessionsJeff SessionsMcCain: Accepting election results is 'American way' GOP senators avoid Trump questions on rigged election Some in GOP say Trump has gone too far MORE (Ala.), and John ThuneJohn ThuneWhat will be in Obama’s Presidential Library GOP senators avoid Trump questions on rigged election Republicans question FCC watchdog's 'independence' MORE (S.D.).