[Congressional Record Volume 157, Number 65 (Thursday, May 12, 2011)]
[Senate]
[Page S2956]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENZI (for himself, Mr. Barrasso, Mr. Hatch, Mr. Risch, and 
        Mr. Cornyn):
  S.J. Res. 12. A joint resolution proposing an amendment to the 
Constitution of the United States to give States the right to repeal 
Federal laws and regulations when ratified by the legislatures of two-
thirds of the several States; to the Committee on the Judiciary.
  Mr. ENZI. Mr. President, I rise today to discuss the growing burdens 
placed on states by our Federal Government in recent years and how we 
can stop this trend.
  Our States have faced many Federal mandates in recent years that have 
hurt, not helped, the citizenry of our country. In 2009 alone, the 
Federal Government issued over 3,300 new rules and regulations. This 
puts the total number of Federal rules and regulations placed on our 
States and citizens at around 75,000 as of 2010. In addition, 
incredible price tags have been placed on our citizens due to these 
laws and regulations. Our country is facing trillions of dollars in 
debt and forcing further expenses onto our taxpayers is inexcusable.
  This Federal top-down approach does not encourage a strong economy. 
States and local governments should have the ability to address the 
needs of their citizens in ways that actually fix the problem without 
their hands being tied by burdensome Federal rules, regulations, and 
laws. I have always believed that the ingenuity of individuals should 
not be hampered and top-down approaches do just that. As of now, states 
have one recourse, go through the court system which is already 
backlogged.
  No matter who has the political power within our Federal Government, 
States need to have the ability to force the Federal Government to 
reconsider laws and regulations that do not support them. Providing 
states with the option of repealing any Federal law or regulation is 
the next step. Allowing a repeal option would also institute a check 
against egregious congressional actions and especially un-elected 
bureaucratic action.
  Today, I am introducing the Repeal Amendment to address this issue. 
My colleague Representative Rob Bishop of Utah is introducing this 
important piece of legislation in the House of Representatives so that 
we can give the states a real voice. Allowing States the option to say 
no will allow them the breathing room to decide what policies are best 
for them.
  The Repeal Amendment would allow States to remove unnecessary and 
burdensome Federal laws and regulations. When 2/3 of the States 
collectively find a Federal law or regulation so out of touch and 
destructive, they will have the power to repeal it if they so choose.
  States must be given back their role as an equal partner in 
addressing the needs and issues of the people of the United States. The 
growing Federal Government must be put in check and I believe that the 
Repeal Amendment will do just that.

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