Amendment D ruling preserves an important check on legislative power

Three co-equal branches of government is basic civics. The legislative branch makes the laws. The executive branch implements the laws. The judicial branch interprets the laws.

Under the Utah Constitution, citizens have the same ability to pass laws as the legislature through a ballot initiative. In certain circumstances, they also have the ability to veto legislative action through a referendum.

In recent years, Republicans in the Legislature have leveraged their supermajority to block most of the checks on their power. With two-thirds in the House and Senate, any threat of a veto by Gov. Spencer Cox is mostly toothless. A supermajority also means a referendum can't overturn their decisions at the ballot box.

Until they lose their supermajority, the only remaining checks and balances on the Republican-controlled Legislature are ballot initiatives and the courts.

In 2018, lawmakers drastically altered three citizen-approved ballot initiatives, including Prop. 4, which created an independent redistricting commission. Earlier this year, the Utah Supreme Court ruled lawmakers overstepped their authority when they gutted Prop. 4.

Legislators recognized the threat the Prop. 4 ruling posed to their authority.In response, they rushed to put Amendment D on November's ballot. If passed, it would give lawmakers primacy when it comes to passing legislation in the state, removing the equal footing the Utah Constitution gives to citizens.

On Thursday, it was the judiciary that exercised its check and balance power over the Legislature. Third District Court Judge Dianna Gibson ruled the ballot language for Amendment D was misleading. She argued voters had a right to fully understand a constitutional change, especially one that asked them to give up a fundamental right.

Gibson declared the amendment void. It will remain on the ballot, but the votes won't be counted. The Legislature is appealing that decision to the Utah Supreme Court.

Lawmakers like to say the ultimate check on their power is at the ballot box. If citizens disapprove, they can elect someone else. That's a bit disingenuous. When citizens attempted to change how the political maps are drawn through Prop. 4, lawmakers undermined that effort to make sure they made any final decision.