Wicker Introduces Legislation Allowing States to Challenge Federal Regulations
Bill aims to restore the 10th Amendment
Thursday, November 10, 2011
WASHINGTON, DC – U.S. Senator Roger Wicker (R-Miss.) introduced legislation today that would allow state officials to challenge federal regulations issued by government agencies before rules could be implemented. Under S. 1842, the ‘Restoring the 10th Amendment Act,’ any rule proposed by a federal agency would be subject to constitutional challenges if state officials determine the rule infringes upon powers reserved to the states under the 10th Amendment.
“The Administration continues to move forward with policies and regulations that stifle job creation and are not supported by a majority of Americans,” said Wicker. “This bill is a step toward restoring states’ rights by allowing state officials to challenge overreaches that violate the Constitution and go beyond the Founding Fathers’ intent."
The 10th Amendment reads, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Under Wicker’s legislation, governors, lieutenant governors, and majority or minority leaders in state legislatures could challenge federal rules and regulations before implementation. Once a challenge is filed by a designated state official, the agency would have 15 days to withdraw the rule or release a written statement certifying the constitutionality of the rule under the 10th Amendment. The federal agencies would be required to publicly post and notify states of all challenges filed.
Wicker pointed to the President’s health care law as one of the most prominent examples of federal intrusion into the rights of states and the people. The health care law has given unelected bureaucrats the power to write the many rules and regulations required by Obamacare.
“This bill is timely and provides an important tool for state officials to challenge any action by the Administration that falls outside of its powers,” added Wicker.
Congressman Tom Cole (OK-04) has introduced companion legislation in the House of Representatives.
A copy of the bill can be found here.
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