10th Amendment Responsibilities –
Article 1 Section 8 of the US Constitution delegates power to the Federal Congress to make Federal laws for a specific scope of responsibilities, leaving remaining powers to state and local governments. This bottom-up flow of enumerated powers is codified in the 10th Amendment, forming the basis for state and local control over natural resources.
Over the past 70 years the Executive branch of the Federal Government has bloated to over 438 Federal agencies. As Federal administrative agencies have been added, Federal agencies – aided by courts and through Executive Orders – have conferred upon themselves powers and responsibilities not present in the original statutory law or congressional delegations.
Significant confusion, overlap, redundancy, conflict and abuse has occurred as Federal administrative agencies encroach deep into the jurisdiction of State, County, and Municipal governments. KNRC’s approach to the expansion and encroachment has been to evaluate Federal Rulemakings in the context of the statutory mandates undergirding them, and then assess Policy Manuals, Guidance, and opinions for continuity with the proposed Rule. This method imparts systematic clarity and a firm foundation to processes that have become increasingly opaque, cumbersome, wayward and politicized.