Today I rise to introduce the Federalism Enforcement Act, a bill to promote the principles of federalism and to restore the proper respect for State and local governments and the communities they serve. I am pleased that Senators Nickles, Craig, Thurmond, and Hutchinson have joined me as cosponsors of this legislation. Federalism is the cornerstone of our Democracy. Our Founding Fathers had grave concerns about the tendency of a central government to aggrandize itself and thus encroach on State sovereignty, and ultimately, individual liberty.
Federalism is our chief bulwark against federal encroachment on individual liberty.
Our Founders also knew that keeping decisionmaking powers closer to home led to more accountable and effective government. The legislation I am introducing today requires agencies to respect this vision of federalism when formulating policies and implementing the laws passed by Congress. It will preserve the division of responsibilities between the states and the federal government envisioned by the Framers of the Constitution and established in executive order by President Ronald Reagan. The Reagan Order on federalism had it right. It held that the laws passed by Congress were not presumed to preempt state law unless done so explicitly.