On January 22, 2019 in the South Carolina General Assembly 123nd Session, Senator Rex Rice introduced a bill to add a Joint Commission on Federalism under Chapter 81, of Title 2 of the Code of Laws of South Carolina.
Positive Citizen Impact: If amended, the Joint Commission on Federalism will be responsible for evaluating and reporting on any federal law that is found to violate the principle of federalism as follows:
“(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.”
If a federal law is found to be in violation of any of the criteria listed above, the Joint Committee on Federalism will recommend to the SC Senate actions to address the violation, including working with other State Legislatures to redress the wrong, up to and including nullification of the federal law in violation of the principles of federalism.
A full transcript of the bill can be read here: https://www.scstatehouse.gov/sess123_2019-2020/bills/392.htm
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