The role of the federal government in Americans’ lives has long been a source of disagreement between Republicans and Democrats.  Under the Obama Administration, government intrusiveness has expanded considerably – putting Washington not the American public at the center of decision-making.  The President’s sweeping health-care law and the extreme rulemaking of the Environmental Protection Agency (EPA) are two of the worst offenders.

Too Much Power in Washington

Small businesses, families, and individuals around the country have expressed frustration with the Obama Administration’s attempts to add more red tape and bureaucratic control.  According to a recent Gallup poll, a record 60 percent of Americans believe the federal government has too much power.  Likewise, widespread public concerns continue to challenge the effectiveness and legality of the Administration’s big-government agenda.

The problem-ridden launch this month of HealthCare.gov is just the latest failure in the growing list of disappointments surrounding Obamacare, which has prompted more than 10,000 pages of regulation.  In addition, the U.S. Supreme Court recently announced it will weigh in on EPA’s authority to regulate carbon dioxide emissions.  Thirteen states, as well as more than 70 business groups and policy organizations, dispute EPA’s broad regulatory reach. 

Looking to the 10th Amendment

The Constitution’s Bill of Rights was ratified to protect individual freedoms and to curb the encroachment of these freedoms by the federal government.  The 10th Amendment clearly 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.”  Giving unelected bureaucrats unchecked power disregards the spirit and letter of this language.

Our Founding Fathers had incredible foresight, and they understood the danger of limitless federal power.  In The Federalist, James Madison noted the “few and defined” powers that the Constitution grants to the federal government and the “numerous and indefinite” powers that remain with states.  In 1975, the Supreme Court reaffirmed the 10th Amendment’s protection of “the States’ integrity” and “ability to function effectively in a federal system.”

Holding the Administration Accountable

Members of Congress are entrusted with a responsibility to fight government overreach and ensure that the executive branch is held accountable.  That is why I am reintroducing the “Restoring the 10th Amendment Act” this month.  The bill, which I have introduced in every Congress since 2010, underscores the importance of constitutional checks and balances on executive power.  It would empower states and the American people with a tool to challenge federal overreach.

Specifically, the “Restoring the 10th Amendment Act” would designate state government officials with a special standing to dispute federal regulations and executive orders.  Any rule proposed by federal agencies or the President would be subject to constitutional challenge if state officials determine that it infringes on the 10th Amendment.

It is hardly surprising that Americans are skeptical of Washington.  The Obama Administration continues to turn to executive action in attempts to influence controversial issues.  The integrity of representative government, however, depends on open and transparent debate – not bureaucratic decisions behind closed doors.  I remain a strong supporter of efforts to reduce the size and scope of the federal government.  If enacted, the “Restoring the 10th Amendment Act” would be a step toward greater accountability and limited federal power.