S 2250 · 105th Congress · Government Operations and Politics

Tenth Amendment Enforcement Act of 1998

Introduced 1998-06-26· Sponsored by Sen. Coverdell, Paul [R-GA]· Senate

Bill Progress

Introduced
2
Committee
3
Senate Vote
4
House
5
Enacted
Latest: Referred to Subcommittee on Constitution, Federalism, Property.(1998-10-13)

Plain Language Summary

[AI summary unavailable — showing source text] Tenth Amendment Enforcement Act of 1998 - Requires any statute enacted by the Congress after 1998 to include declarations that: (1) the authority to govern in the area addressed is delegated to the Congress by the Constitution; (2) Congress has a greater degree of competence than the States to govern in that area; and (3) any preemption of State law is specifically intended by the Congress and is necessary. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations. Amends Federal law to prohibit any Federal agency from construing any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action, unless the statute expressly authorizes issuance of preemptive rules and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Requires all States to be provided with notice and an opportunity for comment when a Federal agency pr…

Summarized by Claude AI · Non-partisan · For informational purposes only