The McCarville Report Online

BY MIKE MCCARVILLE
Published May 9, 2010

Republicans are so determined to stop what they say is abusive and unlawful expansion of the federal government under President Obama that they are willing to abdicate power to the states to do it and Congressman Tom Cole says enough is enough.

Taking its cue from the Bill of Rights, the Republican Study Committee, of which Cole is a member, a group of conservative House Republicans, says that the 10th Amendment dictates that initiatives such as the health care reform law and other massive government programs are the business of state governments, not Washington.

So the RSC this week announced that it had formed a 10th Amendment task force to help "usher in a new era of federalism" and to work to disperse power from Washington back to regions, states and local governments.

Said Cole: "The 10th Amendment places strict limits on federal power, but those limits are enforced so rarely that federal actions routinely supersede states' rights in practice although not under law. Congress is just part of the problem. After a law is passed, the vast federal bureaucracy sets about enforcing the law through a rule-making process. Controlled by presidential appointees, these federal government bureaucrats issue the regulations that put the law into action.

"I recently introduced the 10th Amendment Regulatory Reform Act to ensure that states' constitutional rights are protected during this process. This bill would provide special standing for state government officials -- such as governors, lieutenant governors, and majority or minority leaders in state legislatures -- to challenge regulations issued in conjunction with the implementation of federal laws. Under the legislation, any rule proposed by a federal agency would be subject to constitutional challenges if state officials determine the rule infringes on powers reserved to the states under the 10th Amendment. After a challenge is filed, the agency would have 15 days to withdraw the rule or issue a written declaration certifying the rule's constitutionality. This bill, H.R. 4946, ensures that states can challenge unconstitutional mandates before they take effect so that more authority will reside at the state level where it belongs.

"The 10th Amendment Regulatory Reform Act is just one way to rein in government growth. Congressional conservatives have offered numerous pieces of legislation to cut spending and reform wasteful government programs; however, the liberals in control of Congress have so far refused to allow these fiscally responsible policies to be brought to a vote."

Read more: http://wwwtmrcom.blogspot.com/2010/05/cole-leads-charge-against-government.html