Utah Legislature: States' rights bill gets preliminary approval

SALT LAKE CITY — After being called everything from "reckless" and "irresponsible" to "powerful" and "chest thumping," a resolution addressing state sovereignty received preliminary approval Tuesday in the Senate.

SCR3 reiterates parts of the 10th Amendment to the U.S. Constitution, stating all powers not specifically given to the federal government are reserved for the states, and urges the federal government to repeal and prohibit laws that cross into state authority.

Lawmakers supporting the resolution argued respect for state sovereignty has long been ignored by a federal government that oversteps its authority with unfunded mandates and unwanted federal programs. The resolution, which passed 23-2, is one of more than a dozen pieces of legislation this session dealing with states' rights.

The resolution's sponsor, Sen. Stuart Adams, R-Layton, said Utah is not alone is questioning the federal government's power. "It's across the United States," he told reporters. "Most states are having this debate." He said he introduced the bill at the request of a constituent, not any particular conservative movement.

Adams acknowledged his resolution only sends a message to Washington, D.C., but he hopes it will be heard coming from many states. The resolution generated plenty of debate on the Senate floor Tuesday.

"There is a need to reverse that trend (of federal power), and this seems to be the session for that to be happening," said Sen. Margaret Dayton, R-Orem. "The states created the federal government, the states created the cities, and the states should be the powerful and guiding unit. We need to put a leash on the creature."

Sen. Mark Madsen, R-Eagle Mountain, warned, "We're putting our hands out and the national government has slapped on chains and now we find ourselves in a form of bondage to a government that is out of control."

Many senators supporting the resolution argued it was an important repetition of the 10th Amendment, nothing new or revolutionary.

"Words have meaning. Those words are unambiguous," said Sen. Curtis S. Bramble, R-Provo. "All we're doing is reaffirming that document which guides the destiny of this nation."

But other lawmakers said it was more than just reiterating. It was an effort to stand with other states and make a point.

"It's time we stood up to these bullies and said, 'Back off. We're going to be what we were given the right to be in the Constitution of the United States,' " said Sen. D. Chris Buttars, R-West Jordan.

But Democrats were not so quick to agree the feds were the bad guys.