Reply #289: UT Federal Law Evaluation and Response Act HB 76 AND USA a "Republic" HB220 - ALEC Model Coming... [View All]

This past legislative session, the Utah Legislature passed House Bill 76, the Federal Law Evaluation and Response Act, which I sponsored. Today at 3:30 p.m., Gov. Gary Herbert will hold a signing ceremony for this landmark legislation in the Gold Room of the state Capitol.

Under this HB 76, Utah's new federalism subcommittee will monitor all actions of the federal government against the express powers delegated to it under the U.S. Constitution and challenge federal overreach in a proactive manner together with other states and with Utah's congressional delegation. It's like the reboot to its factory settings of a computer system that has taken on viruses and doesn't function as designed.

The solution to these major problems facing our nation today are not so much about Republican vs. Democrat, liberal vs. conservative or left vs. right as they are about jurisdiction. It is about "where to decide?" (i.e. what level of government) before "what to decide?" It is about "Where's the Line, America?"

I have received requests for information about this bill from several states and have been invited by the American Legislative Exchange Council to present this bill for consideration as model ALEC legislation at their annual convention in New Orleans in August.

In his State of the State speech this year, Gov. Herbert related the unilateral actions of the Bureau of Land Management to lock up millions of acres of Utah lands and stated to resounding applause, "Utah is a state, not a colony, and we will not stand idly by." HB 76 provides a rationale and systematic dispute resolution mechanism to make good on the Governor's promise.

I will have a book out soon on the subject. The title is "Where's the Line? How States Protect the Constitution." You can download a summary of HB 76, read the full bill, or watch a short video summary of the Where's the Line, America? educational movement at www.WheresTheLineAmerica.com.

Republican Ken Ivory, of West Jordan, represents District 47 in the Utah House of Representatives.

SALT LAKE CITY, UT (KUER) - The Utah legislature has hardly been reluctant to pick fights with the federal government in recent years, but a House committee approved a bill yesterday that defines the rules for those fights. Republican Representative Ken Ivory of West Jordan is pushing House Bill 76, which provides additional funding for the state's Constitutional Defense Commission and tells it to try negotiation and mediation before taking the federal government to court.

But it also spells out a list of powers given to the federal government by the U-S Constitution and tells the commission to judge federal action against that list, using the meaning of the provision at the time it was drafted - as far back as 1789.

A bill that would ensure Utah students learn the U.S. is a compound constitutional republic — not a democracy — has passed both Houses of the Legislature and is now headed to the governor for his signature.

HB220 would require schools to teach students that the U.S. is a compound constitutional republic and about other forms of government such as pure democracy, monarchy and oligarchy along with political philosophies and economic systems such as socialism, individualism and free-market capitalism. The Senate passed the bill with no dissenting votes Monday.