US SB4020 | 2009-2010 | 111th Congress
Status
Spectrum: Partisan Bill (Republican 31-0)
Status: Introduced on December 9 2010 - 25% progression, died in chamber
Action: 2010-12-09 - Read twice and referred to the Committee on the Judiciary.
Text: Latest bill text (Introduced) [PDF]
Status: Introduced on December 9 2010 - 25% progression, died in chamber
Action: 2010-12-09 - Read twice and referred to the Committee on the Judiciary.
Text: Latest bill text (Introduced) [PDF]
Summary
Restoring the 10th Amendment Act - Authorizes a designated state official to file with the head of a federal agency proposing a rule, during the period when the proposed rule is required to be open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment. Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief is filed; (2) to post prominently on the agency's primary Web page a link to the brief; and (3) within 15 days after posting such link, to certify in writing that such rulemaking does not violate the Tenth Amendment and post the certification prominently on the front page of the agency's website, unless the agency determines it will not put the proposed rule into effect. Authorizes a state official who decides to challenge a federal rule on the grounds that it violates the Tenth Amendment to elect to file a legal action in U.S. district court for the district in which the official's place of business is located. Directs the relevant U.S. Court of Appeals, at the request of a designated state official, to grant expedited review of a decision by a district court in such a case.
Title
Restoring the 10th Amendment Act
Sponsors
Sen. John Barrasso [R-WY] | Sen. Christopher Bond [R-MO] | Sen. Scott Brown [R-MA] | Sen. Sam Brownback [R-KS] |
Sen. Jim Bunning [R-KY] | Sen. Richard Burr [R-NC] | Sen. Saxby Chambliss [R-GA] | Sen. Tom Coburn [R-OK] |
Sen. Thad Cochran [R-MS] | Sen. John Cornyn [R-TX] | Sen. Mike Crapo [R-ID] | Sen. Jim DeMint [R-SC] |
Sen. Lindsey Graham [R-SC] | Sen. Chuck Grassley [R-IA] | Sen. Judd Gregg [R-NH] | Sen. Orrin Hatch [R-UT] |
Sen. Kay Hutchison [R-TX] | Sen. James Inhofe [R-OK] | Sen. Johnny Isakson [R-GA] | Sen. Mike Johanns [R-NE] |
Sen. George LeMieux [R-FL] | Sen. John McCain [R-AZ] | Sen. Mitch McConnell [R-KY] | Sen. James Risch [R-ID] |
Sen. Pat Roberts [R-KS] | Sen. Jeff Sessions [R-AL] | Sen. Richard Shelby [R-AL] | Sen. John Thune [R-SD] |
Sen. David Vitter [R-LA] | Sen. George Voinovich [R-OH] | Sen. Roger Wicker [R-MS] |
History
Date | Chamber | Action |
---|---|---|
2010-12-09 | Read twice and referred to the Committee on the Judiciary. |
Same As/Similar To
HB4946 (Related) 2010-07-26 - Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Subjects
Administrative law and regulatory procedures
Administrative remedies
Civil actions and liability
Constitution and constitutional amendments
Federal district courts
Intergovernmental relations
Judicial review and appeals
Jurisdiction and venue
Law
State and local government operations
Administrative remedies
Civil actions and liability
Constitution and constitutional amendments
Federal district courts
Intergovernmental relations
Judicial review and appeals
Jurisdiction and venue
Law
State and local government operations
US Congress State Sources
Type | Source |
---|---|
Summary | https://www.congress.gov/bill/111th-congress/senate-bill/4020/all-info |
Text | https://www.congress.gov/111/bills/s4020/BILLS-111s4020is.pdf |