[Congressional Record (Bound Edition), Volume 159 (2013), Part 12]
[Senate]
[Page 17125]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    RESTORING THE 10TH AMENDMENT ACT

  Mr. WICKER. Mr. President, today I wish to express my support for the 
Restoring the 10th Amendment Act--S. 1643. This legislation, which I 
have introduced with nine of my colleagues, represents an effort to 
ensure that States' rights are protected against further Federal 
encroachment.
  Ratified and signed into law on December 15, 1791, the 10th Amendment 
is integral to the system of checks and balances that our Founding 
Fathers conceived. The Founders were right to be concerned that the 
Federal Government would seek to usurp powers belonging to the States. 
They understood that limitless Federal power was a threat to the future 
of our democracy.
  In The Federalist No. 45, James Madison notes the difference between 
Federal and State power. He describes the powers that the Constitution 
grants to the Federal government as ``few and defined.'' He calls the 
powers left to the States as ``numerous and indefinite.''
  Today, we can plainly see how wise our Founders were. As we enter 
into the second term of the Obama administration, Federal regulatory 
overreach has become an intrusive part of everyday life in the United 
States. From the President's sweeping health-care law to the extreme 
rulemaking of the Environmental Protection Agency, there is virtually 
no aspect of Americans' lives that escapes the creeping reach of 
Federal regulators.
  The Restoring the 10th Amendment Act seeks to reverse this trend and 
to level the playing field by giving States a new tool to challenge 
Federal overreach. Specifically, it provides special standing in court 
for State government officials to dispute inordinately sweeping 
regulations issued by Federal agencies. Any rule proposed by a Federal 
agency would be subject to constitutional challenges if certain State 
officials determine that the rule infringes powers reserved to the 
States under the 10th Amendment. In this way, the bill would reinforce 
the safeguards in our existing system of constitutional checks and 
balances.
  Americans have the right to expect the members they elect to Congress 
to uphold the Constitution's founding principles. It is our 
responsibility to ensure that the executive branch is held accountable 
for any overreach of its constitutionally defined powers.
  This bill recognizes that the 10th Amendment is as important today as 
it was on the date of its ratification. It would keep the executive 
branch accountable and preserve the integrity of our constitutional 
system of checks and balances. Senators Cochran, Grassley, Isakson, 
Sessions, Roberts, Thune, Inhofe, Crapo, Risch, Enzi, and Cornyn have 
joined me as cosponsors.
  I urge all of my colleagues to support the prompt passage of the 
Restoring the 10th Amendment Act.

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