Power grab or states' rights? Utah bill challenges federal supremacy

Utah GOP Rep. Ken Ivory wants to reclaim state sovereignty from the federal government — and his proposed solution would conveniently expand his own political power in the process.

HB380 establishes that the 9th and 10th Amendments to the U.S. Constitution give Utah jurisdiction over all governing matters within its borders, unless that authority is specifically spelled out in the Constitution. If there's a conflict, the federal government must prove the Constitution gives it authority in the matter.

This legislation would effectively challenge the Supremacy Clause, which establishes that federal law takes precedence over state law.

Ivory's proposal asserts that Utah has authority over natural resources, water rights, agriculture, education, and energy resources.

The bill would significantly expand both the scope and authority of the Utah Federalism Commission, which Ivory co-chairs. Currently, the commission has an advisory role – studying federal laws to determine if they violate the principle of federalism.

Under proposed legislation, the Federalism Commission would be tasked with working to find resolutions with the federal government when conflicts over state sovereignty arise.

Last year, lawmakers approved SB57, which created a process for the Legislature to ignore federal laws and regulations if they deem them to be unconstitutional.

In January, the U.S. Supreme Court turned away Utah's lawsuit seeking control of 18.5 million acres of federal land in the state. Lawyers argued that it's unconstitutional for the federal government to retain ownership of that land without specifying what it should be used for.