Utah’s new ‘Sovereignty Act’ sets up a process to overrule the federal government. But is it constitutional? | CNN
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A bill recently signed into law in Utah sets up a process for the state to overrule or otherwise ignore federal rules and decisions, the latest move in a Republican-led push against what they see as federal overreach.

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The Utah bill, introduced as the “Utah Constitutional Sovereignty Act,” was signed into law by Gov. Spencer Cox on January 31.

“The Legislature may, by concurrent resolution, prohibit a government officer from enforcing or assisting in the enforcement of a federal directive within the state if the Legislature determines the federal directive violates the principles of state sovereignty,” the law states.

With the bill, Utah joins a long-standing small-c conservative push to promote states’ rights, particularly when the federal government is controlled by the opposing party. It’s a debate going back to the original founders of the US Constitution, through the “Nullification Crisis” of 1832-33, when South Carolina tried to avoid paying federal tariffs, and into the Southern states’ attempts to avoid racial integration in schools in the 1950s.

Most recently, Texas and the US have been in a legal battle over security at the US-Mexico border, historically under the federal government’s control. Last month, the Supreme Court ruled 5-4 in favor of the federal government, but the tight vote suggested the principles of the Supremacy Clause “might be in a degree of flux,” according to CNN Supreme Court analyst Steve Vladeck.

Utah Sen. Scott Sandall, who sponsored the Sovereignty Act, said he hoped the bill spreads to other states.

  • Wheaties [she/her]@hexbear.netEnglish
    33·
    9 months ago

    With the bill, Utah joins a long-standing small-c conservative push to promote states’ rights

    it’s written like they’re trying to pass this off as a thing with precedent and nothing new, but… kinda seems like Utah is trying to keep the LDS church from being investigated or prosecuted federally? That seems pretty unprecedented. For a long time, the Church has had this belief in a prophecy that it’s destined to Save The Country by folding the constitutional systems into its own structures. A kinda Catholic Papacy / Roman Empire sorta style deal. They’re sitting on a lot of money, and it’s more than just tithing. That I’m aware of, the LDS church owns a significant amount of ranch-land in Nevada, Idaho, and Florida; as well as a bunch of stock in a wide variety of companies. The big one I’ve heard about is The Coca-Cola Company (KO).

    At it’s most crass, they’re a dragon looking to protect their hoard. But… as a social organization, they cultivate a lot of capital-t capital-b True Believers, and not just in general membership. I’m sure there are cynics in leadership… but I suspect they’re in the minority. Utah may be the indicator of interesting times.