Any bill that contains a federal deference clause dilutes state sovereignty.
What is a Federal Deference Clause?
A federal (fed) deference clause is when a state law bows to federal rules, either explicitly or by default. It’s the fine print that says, “Whatever the feds decide, we’ll go along with it.” This means automatically adopting federal regulations, deferring to federal agencies for enforcement, or ensuring state compliance with federal mandates—usually tied to funding.
For instance:
Automatic Compliance Clause
This law will follow all future federal rules and changes.
This law shall be implemented in accordance with all applicable federal laws and regulations, as amended.
Agency Rule Adoption
The [State Agency] shall adopt and enforce standards at least as stringent as those established by [Federal Agency].
Federal Funding
Compliance with federal laws and regulations shall be maintained as a condition of receiving federal funds.
Healthcare & Medicaid
The [State Agency] shall administer [Program] in accordance with all federal requirements and guidelines established by [Federal Agency], as amended.
Ensures SC follows federal healthcare rules, no matter how they change.
Education Compliance
Public education policies shall comply with all federal requirements under [Federal Law] and any future amendments.
Makes SC schools subject to federal education mandates.
Law Enforcement Cooperation
State and local law enforcement shall cooperate fully with federal authorities in the enforcement of all applicable federal laws.
Obligates SC law enforcement to assist with federal mandates.
Federal Preemption
If any provision of this law is found to be in conflict with federal law or regulations, the federal law or regulations shall control.
If there’s ever a disagreement, federal law automatically overrides state law.
Federal Definition Clause
The terms used in this law shall have the same meaning as defined in [Federal Law or Regulation], as amended.
Ties SC’s legal definitions to federal ones, even if those definitions change over time.
Guess what? Many SC bills contain these types of clauses.
That’s a problem. It weakens state sovereignty, limits local control, and allows unelected federal bureaucrats to dictate policies that should be decided right here.
Do our legislators know this? Who knows—but let’s not pretend they don’t. Lawmakers know exactly what they’re doing. They include federal deference clauses because it’s easier. It keeps federal money flowing and avoids legal fights.
It also works as a political shield. If a policy backfires, they can shrug and say, “We’re just following federal law.” It shifts responsibility away from them and onto Federal, making it harder for voters to hold them accountable.
Then there’s the lobbying factor. Big businesses and interest groups prefer federal alignment because it means fewer state-specific regulations to deal with. Instead of standing up for South Carolina’s sovereignty, lawmakers draft bills that keep those groups happy by ensuring state law mirrors federal rules.
And let’s be honest—some lawmakers take the easy way out. Why spend time debating and writing strong, state-first laws when you can just slap in a federal deference clause and call it a day? It’s the perfect shortcut—until SC is stuck following rules it never actually voted on.
Another way lawmakers bake federal deference into state law is by using a federal law as a requirement for compliance. They structure the law so that following a federal law is the condition for the implementation of the state policy.
Example: "All public schools in South Carolina shall implement policies in accordance with the requirements of the Every Student Succeeds Act (ESSA) and any subsequent amendments thereof." or “Shall be eligible for and be enrolled in Medicaid”
Do any of the current SC bills include federal deference clauses? Yes, sir or ma’am. For example, some of the following claused found in these bills.
Bill S.54 – Medical Informed Consent
Defines "novel" medical interventions using FDA classifications.
Why it’s a problem?
The FDA can redefine "novel" at any time, shifting state law without South Carolinians or lawmakers having a say.
Bill H.3927 – Ban on DEI
Prohibits DEI policies in state agencies and public universities but allows them where federal accreditation or funding requires it.
Why it’s a problem?
South Carolinian institutions must comply, even if the state law claims to ban them.
Bill S.62 – Government School Choice
Requires participating private schools to follow federal regulations.
Why it’s a problem?
Giving the Federal control over how school choice programs operate.
Bill H.3021 – Small Business Regulatory Freedom Act
Automatically eliminates state regulations unless they meet certain exemptions, including compliance with federal law.
Why it’s a problem?
Forced to follow fed rules, limiting state economic control.
How Do You Spot Fed Clauses in a Bill?
When you're reading a bill, keep an eye out for some of these types of phrases.
This law follows all federal laws and any future changes.
This program must comply with federal regulations.
The [State Agency] shall enforce standards set by [Federal Agency].
Regulations will be updated as necessary to maintain compliance with federal rules.
Eligibility for this program is determined by the [Federal Act].
If this law conflicts with federal law, federal law shall control.
State agencies must ensure compliance with all applicable federal requirements.
To remain eligible for federal funding, SC must follow federal regulations.
Funding is contingent on compliance with federal grant conditions.
State law enforcement shall cooperate with federal authorities.
State agencies shall share necessary data with federal agencies as required by law.
What Should our SC Legislators Should Be Doing Instead?
Federal deference isn’t inevitable. Lawmakers have a choice. They could start writing laws that assert state authority instead of defaulting to federal standards. How about refuse to comply with federal mandates in areas where the state has the right to make its own decisions? Establish independent state regulations that reflect the priorities of South Carolinians, not bureaucrats in Federal.
But none of that will happen if people don’t demand it.
South Carolina still has the ability to govern itself—if lawmakers choose to assert it. But if lawmakers keep embedding deference clauses into state law, that’s exactly what it will become. It’s time to demand better.
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