Sen. Roger WickerRoger WickerAs US healthcare changes, preventative screenings can't stop A guide to the committees: Senate Pruitt confirmation sets stage for Trump EPA assault 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 CochranOvernight Defense: FBI chief confirms Trump campaign, Russia probe | Senators push for Afghan visas | Problems persist at veterans' suicide hotline Senators ask to include visas for Afghans in spending bill Shutdown politics return to the Senate MORE (Miss.), Mike CrapoMike CrapoSenators war over Wall Street during hearing for Trump's SEC pick Overnight Finance: Biz groups endorse Trump's Labor pick | New CBO score coming before health bill vote | Lawmakers push back on public broadcasting cuts Senate Banking panel seeks proposals for economic growth MORE (Idaho), Charles GrassleyChuck GrassleyFriends, foes spar in fight on Trump’s Supreme Court nominee Live coverage: Day three of Supreme Court nominee hearing Live coverage: Day two of Supreme Court nominee hearing MORE (Iowa), James InhofeJames InhofeRepeal of Obama drilling rule stalls in the Senate GOP senator: EPA 'brainwashing our kids' A guide to the committees: Senate MORE (Okla.), Johnny IsaksonJohnny IsaksonOvernight Finance: Senators spar over Wall Street at SEC pick's hearing | New CBO score for ObamaCare bill | Agency signs off on Trump DC hotel lease GOP senators offer bill to require spending cuts with debt-limit hikes Schumer to House GOP: 'Turn back before it's too late' MORE (Ga.), Pat RobertsPat RobertsDems mock House GOP over lack of women in healthcare meeting Perdue vows to be chief salesman for US agriculture abroad GOP senator apologizes for mammogram joke MORE (Kan.), Jeff SessionsJeff SessionsSanders: 'What do the Russians have on Mr. Trump?' Poll: Trump controversies make him more popular among supporters More than ever, Justice must demand a special prosecutor for Trump-Russia probe MORE (Ala.), and John ThuneJohn ThuneLawmakers want infrastructure funded by offshore tax reform Senate GOP hedges on ObamaCare repeal timeline Week ahead: Robocall crackdown tops FCC meeting agenda MORE (S.D.).