The intrusion of the federal government into Americans' daily lives has become more extensive than the Founding Fathers ever intended. From burdensome taxes to excessive regulations, my fellow Oklahomans frequently share with me their frustration with government interference. Restoring the principles of limited government will be a primary focus of the next Congress, and legislation I have introduced to protect states' 10th Amendment rights would help achieve this important objective.

The 10th Amendment states "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Although these clear limits to federal power are stated quite plainly in the Constitution, they are not always enforced. The most prominent recent example of government overreach is, of course, Obamacare. Beyond the increased costs, onerous regulations and diminished access to care the law is sure to bring about, there are constitutional concerns, as well. Many question the constitutionality of the individual mandate provision, which would require every American to purchase health insurance or face a penalty. I have joined over 50 other House conservatives in signing on to an Amicus Brief supporting the legal challenge brought by 20 states on grounds that the individual mandate violates the Commerce Clause in the Constitution. While we work to fully repeal and replace this misguided policy, the legal challenge process is another opportunity to overturn the law before the most damaging provisions go into effect.

However, the law itself is only part of the problem. After the legislative process ends, the threats to states' rights continue during the rule-making period, in which bureaucrats in federal agencies develop regulations for actually implementing laws. The bill I authored provides a framework for states to protect their authority during this crucial phase. The 10th Amendment Regulatory Reform Act would provide special standing for state government officials 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.

Under the process created by the bill, federal agencies would be required to publicly post and rule on challenges filed by designated state officials. 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 under the 10th Amendment. State officials empowered to issue challenges under the bill include governors, lieutenant governors, and majority or minority leaders in state legislatures.

One of the strengths of the bill as pointed out by U.S. News and World Report is that "rather than create an ungovernable free-for-all, [it] outlines a specific process under which such challenges would have to be put forward."

The 10th Amendment is one of the best tools the founders provided for protecting states' rights and individual liberty from federal encroachment. The 10th Amendment Regulatory Reform Act ensures that states can challenge unconstitutional mandates before they take effect, and I look forward to working toward its passage in the next Congress.

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