[Congressional Record Volume 144, Number 86 (Friday, June 26, 1998)]
[Senate]
[Page S7280]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COVERDELL:
  S. 2250. A bill to protect the rights of the States and the people 
from abuse by the Federal Government, to strengthen the partnership and 
the intergovernmental relationship between State and Federal 
Governments, to restrain Federal agencies from exceeding their 
authority, to enforce the Tenth Amendment of the United States 
Constitution, and for other purposes; to the Committee on the 
Judiciary.


                    tenth amendment enforcement act

  Mr. COVERDELL. Mr. President, I rise today to introduce the Tenth 
Amendment Enforcement Act of 1998. The Tenth Amendment was a promise to 
the States and to the American people that the Federal Government would 
be limited, and that the people of the States could, for the most part, 
govern themselves as they saw fit. Unfortunately, in the last half 
century, that promise has been broken. The American people have asked 
us to start honoring that promise again: To return power to State and 
local governments which are close to and more sensitive to the needs of 
the people.
  We took an important first step in the 104th Congress by enacting the 
Unfunded Mandates Reform Act. It began the shift of power out of 
Washington and back to the States and to the American people. Today we 
continue that process. The Tenth Amendment Enforcement Act of 1998 will 
return power to the States and to the people by placing safeguards in 
the legislative process, by restricting the power of Federal agencies 
and by instructing the Federal courts to enforce the Tenth Amendment.
  The Tenth Amendment Enforcement Act of 1998 enforces the Tenth 
amendment in five ways. First, it includes a specific congressional 
finding that the Federal Government has no powers not delegated by the 
Constitution, and the States may exercise all powers not withheld by 
the Constitution. In other words, the Tenth Amendment means what it 
says.
  Second, this proposal states that Federal laws may not interfere with 
State or local powers unless Congress declares its intent to preempt 
and specifically cites its constitutional authority to act.
  Third, it enforces this declaration by establishing a point of order 
that allows any Congressman or Senator to challenge a bill lacking such 
a declaration or insufficiently citing constitutional authority. Such a 
point of order would require a three-fifths majority to be defeated.
  Fourth, it requires that Federal agency rules and regulations not 
interfere with State or local powers without constitutional authority 
cited by Congress. Agencies must allow States notice and an opportunity 
to be heard in the rulemaking process.
  Fifth, the proposal directs the courts to strictly construe Federal 
laws and regulations interfering with State powers. It requires a 
presumption in favor of State authority and against Federal preemption.
  Too often in Washington, there is the temptation to weakening our 
Federal system of government. It has been stated that just as the 
separation and independence of the coordinate branches of the Federal 
Government serves to prevent the accumulation of excessive power in any 
one branch, a healthy balance of power between the States and the 
Federal Government will reduce the risk of tyranny and abuse from 
either front. We have an obligation to take steps to prevent such 
things from happening and to preserve the freedom and liberties we 
enjoy. I believe the Tenth Amendment Enforcement Act of 1998 is an 
important step and urge my colleagues to join me in this effort.
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