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Utah Constitutional Sovereignty Act Pushes Back on Federal Overreach

February 20, 2024 | Utah S.B. 57 |  In another victory for State’s rights under the Tenth Amendment,  the Utah Constitutional Sovereignty Act was passed and signed into law on January 31st, 2024. The measures establish “a framework for the Legislature, by concurrent resolution, to prohibit the enforcement of a federal directive within the state by government officers if the Legislature determines the federal directive violates the principles of state sovereignty.”

Governor Cox said in a statement, “Balancing power between state and federal sovereignty is an essential part of our constitutional system.” This legislation gives us another way to push back on federal overreach and maintain that balance.”

There is a general assumption that federal law always overrides state law but this is not true. Those powers not delegated to the federal government as defined by the Constitution are automatically reserved to the States and to We the People. 

James Madison said, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

Constitution 101: The Supremacy Clause

 


 

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