May 14, 2008
States Call on Congress to Stop Impeding State Authority
Regulatory Activism Undermines State-Federal Partnership
WASHINGTON – In testimony today before Congress, the National Conference of State Legislatures urged U.S. Representative Henry Waxman to move forward on legislation to protect states against federal pre-emption of their authority. State Representative David Clark, majority leader in the Utah House of Representatives and chairman of NCSL’s Standing Committees, told members of the U.S. House Committee on Oversight and Government Reform that decisions of state legislatures should not be trumped by unelected federal bureaucrats.
Clark cited specific instances of pre-emption by the Food and Drug Administration as being especially troublesome. In several cases, federal agencies have developed regulations that have no basis in underlying federal law, he said.
“States have different ways of solving problems. The diversity found within our state laws helps refine our democratic system,” Clark said in his testimony. “When those state policy decisions are overridden by Congress, the agencies or the Supreme Court, the results are significant to states.”
The FDA, for example, appeared to have circumvented the legislative process to create product liability and consumer protection standards without input from state officials. Many states, including Utah, already have stringent product liability laws that meet specific needs.
In his testimony, Clark urged Waxman to create legislation creating a transparent and open regulatory process that respects Congress and state and local governments. Committee members are reviewing draft legislation that supports state oversight of product safety regulation.
“The bill recognizes that some decisions, such as how to protect people from defective products, are best made by the state legislatures, not by the federal government,” Clark said.
NCSL is the bipartisan organization that serves the legislators and staff of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.
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