A Republican-supported bill to codify the Tenth Amendment Center in the Ohio Solicitor General’s Office heads to Governor Mike DeWine‘s office for signature.
House Bill (HB) 506 sponsored by State Representatives Jeff LaRe (R-Violet Township) and Adam Bird (R-New Richmond), creates a Tenth Amendment center to “actively monitor federal executive orders, federal statutes, and federal regulations for potential abuse or overreach, including assertion of power inconsistent with the United States Constitution.”
The Tenth Amendment of the U.S. Constitution states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
According to Bird, it is crucial to protect these rights.
“As State Representatives, it is important that we protect the 10th Amendment. This legislation will preserve the rights laid out for Ohio’s state government in the Constitution,” Bird said.
If the Tenth Amendment Center identifies an issue, it will report it to the solicitor general, who then advises the attorney general about possible state involvement.
According to the attorney general’s office, the state solicitor general currently represents the state and its agencies on appeals in the U.S. Supreme Court, the U.S. Court of Appeals for the Sixth Circuit, the Ohio Supreme Court, and other state and federal courts.
According to Bird, codifying the position will bring acknowledgment to the role.
“The Solicitor General plays an important role in representing our state and ensuring the smooth operation of state government. Codifying this position will emphasize its importance and bring recognition to the role,” Bird said.
Currently, the solicitor general has no codification under the Ohio Revised Code. The bill, permanence to the solicitor general’s job and recognizes him/her for their diligent work representing all Ohioans.
According to LaRe, monitoring for federal overreach “has become a laborious job in and of itself.”
“Federalism is a foundational piece of our U.S. Constitution. That is why, as a member of state government, I must do what I can to protect the rights that were reserved for us under the Tenth Amendment. I am appreciative of the General Assembly’s support for HB 506, and look forward to it being signed into law in the near future,” LaRe said.
Ohio Attorney General Dave Yost applauded the recent passage of the legislation.
“The principle of federalism – the idea that power is shared among multiple levels of government instead of concentrated into a single level – is indelibly etched into the foundation of our nation through the Tenth Amendment. Thank you to Rep. Jeff LaRe and Rep. Adam Bird for helping us to codify this crucial function in our office,” Yost said.
Before the end of the 134th General Assembly, lawmakers in the House approved HB 506. They amended the legislation into Senate Bill (SB) 288, a major criminal justice reform bill sponsored by State Senator Nathan Manning (R-North Ridgeville).
The legislation awaits Gov. Mike DeWine’s signature.
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected].
