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By Mish Shedlock of MishTalk

A bill recently signed into law in Utah sets up a process for the state to overrule or otherwise ignore federal rules and decisions. I post a musical tribute below. Can you guess it? And think about the constitutionality.

Utah State Capital, Image by Mish

Utah Constitutional Sovereignty Act

Please consider the Utah Constitutional Sovereignty Act.

• Establishes 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;
• Describes the ways in which a federal directive violates the principles of state sovereignty; Limits the authority for requesting a concurrent resolution under the bill;
• Requires the Legislature to consult with the attorney general regarding the potential impact of a concurrent resolution on litigation and to provide notice to representatives of tribal governments;

How to Overrule the Federal Government

CNN reports Utah’s New ‘Sovereignty Act’ Sets Up a Process to Overrule the Federal Government.

Constitutional?

I believe the answer depends on what you mean by the question “Is the Bill Constitutional?”

The process itself seems constitutional. But if the Supreme Court decides the Federal government has sovereignty, well guess what.

Texas Showdown, Supreme Court Lets Feds Cut Abbott’s Razor Wire

On January 22, I commented Texas Showdown, Supreme Court Lets Feds Cut Abbott’s Razor Wire

Effectively, the Utah law does nothing. Utah can choose to file a case against the Federal government, ignore Federal laws, etc.

But as with Texas, the US Supreme Court will decide. The same thing happened with a number of states attempting to keep Trump off the ballot.

Trump Disqualified From Ballot in Colorado

On December 19, I noted Trump Disqualified From 2024 Colorado Ballot, Supreme Court Challenge Coming

States have a right, albeit a foolish one, to attempt to disqualify Trump. But it’s foolish to think they will succeed.

Expect a Supreme Court Ruling Favor of Trump

On February 10, I commented Expect a Supreme Court Ruling 9-0 or 8-1 in Favor of Trump, Then What?

We still do not have a ruling, but there is no doubt which way it will roll.

Utah sent a signal that it may go for these kinds of cases. The surprising thing is how close the Texas case was.

But the bill passed by Utah does nothing in and of itself.

Utah has no rights to do anything it did not already have before, and that is ability to challenge the constitutionality of Federal mandates and Biden regulations.

Thus the bill is constitutional, but it does nothing in and of itself.

It’s a symbolic measure.