Urging the United States Congress to enact legislation to require that any subsequent law cite the constitutional section authorizing Congress to enact the law, state the extent and reasons for any preemption of state, local, or tribal law, include factual findings if the authority cited is the power to regulate interstate commerce, prohibit federal agency regulations from interfering with state or local powers without express statutory authority, and require the voluntary inclusion of states in federal rulemaking.
Impact
The resolution aims to restore the balance of power between state and federal governments, a balance that proponents feel has been increasingly tilted in favor of federal authority. By requiring Congress to provide explicit constitutional citations and justifications for federal preemption, this measure could lead to a more rigorous examination of proposed federal laws and their implications on state governance. This could encourage a more collaborative relationship between federal and state entities, potentially enriching the legal framework under which both operate.
Summary
HCR85 urges the United States Congress to enact legislation that mandates any new law to clearly cite the constitutional section that grants Congress the authority to create it. This resolution emphasizes that such legislation should also state the extent and justification for preempting state, local, or tribal laws. Additionally, it calls for factual findings to demonstrate a substantial connection between federal regulations and interstate commerce, particularly if federal authority is claimed under Article I, Section 8, Clause 3 of the Constitution.
Contention
Key points of contention surrounding HCR85 arise from differing interpretations of federal versus state power. Proponents argue that the bill would safeguard states' rights from overreaching federal regulations by ensuring greater accountability and transparency in legislation. Conversely, opponents may view such measures as unnecessary hurdles that could impede vital federal initiatives, arguing that federal oversight is sometimes essential for issues that cross state lines and require a uniform response, such as health care and environmental regulations.
Urging Congress to amend federal law to allow states to provide for the consolidation of federally funded workforce development services with federally funded social safety net services.
Expressing support for the Texas attorney general to bring an action against a federal agency to assert any claim the attorney general determines is justiciable to prevent the agency from violating federal law.
Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.
Relating to the exclusive jurisdiction of the state to regulate greenhouse gas emissions in this state and the express preemption of local regulation of those emissions.
Relating to the exclusive jurisdiction of the state to regulate greenhouse gas emissions in this state and the express preemption of local regulation of those emissions.
Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution.