South Carolina Bill Would Create Process to Review Constitutionality of Federal Acts

COLUMBIA, S.C. (Dec. 19, 2017) –  A bill prefiled in the South Carolina House would create a joint legislative committee to evaluate the constitutionality of federal laws, setting the stage to take further action to nullify unconstitutional federal acts in effect.

Rep. Gary Smith (R-Greenville) prefiled House Bill 4453 (H.4453) for introduction in the 2018 legislative session. The proposed law would create the Joint Committee on Federalism to evaluate whether or not a federal law is authorized by the Constitution, or if it violates “the principle of federalism.” The bill lays out several specific criteria that would constitute a violation of the principle of federalism.

(1)    affecting the distribution of power and responsibility among the state and national government;

(2)    limiting the policymaking discretion of the state;

(3)    impacting a power or a right reserved to the state or its citizens by the United States Constitution, Amendment IX or X; and

(4)    impacting the sovereignty rights and interest of the state or a political subdivision to provide for the health, safety, and welfare and promote the prosperity of the state’s or political subdivision’s inhabitants.

Under the proposed law, the committee would rely on “the text of the …

Read more at The Tenth Amendment Center
(The opinions in this article are the opinions of the author and do not necessarily represent the views of Southern Nation News or SN.O.)

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