Senators Isakson, Perdue Co-Sponsor Legislation to Empower States to Challenge Federal Government Rules

Press Release

U.S. Senators Johnny Isakson (R-GA) and David Perdue (R-GA) week co-sponsored legislation this week to ensure state governments are empowered to challenge federal regulations that are constitutionally questionable or burdensome.

The Restoring the 10th Amendment Act, S.1045, sets up a framework that would provide states with legal standing and a legal framework for challenging unconstitutional federal regulations and executive orders before they go into effect.

"Considering the consistent overreach by the Obama administration, this is commonsense legislation to help ensure that the 10th Amendment to our Constitution isn't just a suggestion, but the absolute law," said Isakson. "Our country was built on keeping government close to the people by allowing them to make decisions at the state and local level, and the powers given to the federal government delineated in the Constitution are supposed to be minimal. This legislation would help return us to the framework laid out by the Founding Fathers."

"Georgians are disgusted with Washington's ridiculous overreach into every area of their lives. After six years of the Obama Administration ruling by executive order and regulatory overreach, we must empower our states with the opportunity to challenge egregious government overreach," said Senator Perdue. "Protecting the 10th Amendment is an important step in fixing the Constitutional crisis our country faces."

Previous rulings on the issue of a state suing the federal government by the Supreme Court have been inconsistent. In their ruling on Massachusetts v. EPA, the Court stated that congressional authorization to challenge a federal action is "of critical importance to the standing inquiry." This legislation seeks to offer legislative guidance.

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