Government Growth Can Be Stopped

At town hall meetings throughout the 4th District this week, I’ve been hearing a lot from my fellow Oklahomans about how troubled they are with the direction of the country. There is a growing sense that the government is greatly overstepping its traditional role and encroaching more and more into citizens’ daily lives. The new health care law is just the latest and most obvious example of the federal government interfering with the personal decisions and rights Americans used to be able to take for granted.

During President Obama’s first year in office, we've seen a continuous expansion of government control and spending. Washington has even taken over the student loan industry. Thanks to a provision inserted in the health care bill, the federal government is now the sole provider of student loans. It should surprise no one to learn that the government Web site set up to administer the new system crashed on its first day of operation, frustrating students nationwide.

It doesn’t take a constitutional scholar to question whether Congress is exceeding its authority with all these new regulations. Just a cursory review of constitutional principles demonstrates that the Founding Fathers never intended the reach of government to extend so far. James Madison, architect of the Constitution, wrote that the powers assigned to the federal government are “few and defined” while state powers “are numerous and indefinite.” This principle is enshrined in the 10th Amendment, which 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."

The 10th Amendment places strict limits on federal power, but those limits are enforced so rarely that federal actions routinely supersede states' rights in practice although not under law. Congress is just part of the problem. After a law is passed, the vast federal bureaucracy sets about enforcing the law through a rule-making process. Controlled by presidential appointees, these federal government bureaucrats issue the regulations that put the law into action.

I recently introduced the 10th Amendment Regulatory Reform Act to ensure that states' constitutional rights are protected during this process. This bill would provide special standing for state government officials -- such as governors, lieutenant governors, and majority or minority leaders in state legislatures -- 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. 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. This bill, H.R. 4946, ensures that states can challenge unconstitutional mandates before they take effect so that more authority will reside at the state level where it belongs.

The 10th Amendment Regulatory Reform Act is just one way to rein in government growth. Congressional conservatives have offered numerous pieces of legislation to cut spending and reform wasteful government programs; however, the liberals in control of Congress have so far refused to allow these fiscally responsible policies to be brought to a vote.

Citizen participation could change that. The grassroots groups that mobilized in opposition to the health care takeover demonstrate that American democracy is alive and well. I greatly appreciate all those who have taken the time to attend town hall meetings or contact my office to share their concerns. I encourage Oklahomans to continue to make your views known. With your continued efforts, we can restore the ideals and values upon which our nation was founded.
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