Utah’s New ‘Sovereignty Act’ Will Overrule the Federal Government, Constitutional?
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. See if you can guess it.
I wonder.
The original intend was to have a House for the States = Senate, and a House for the People = Representatives.
BOTH together means Congress. And hence, Congress is the instrument through which the people exercise the Sovereignty.
The same holds for the States. Sovereign States based on a republican form of Government.
So,the People, exert through several interwoven instruments the ultimate Sovereign Power.
It the comes down to how the 10th Amendment would be understood: Does the constitution reserve a right to the States not given the the Federal Congress and thus the Federal Supreme Court to ultimately consider the matter on its constitutionality?
What if the Federal Congress usurps a right. Can that be reasserted by a State? And if so, by what method?
You hit the nail on the head. Repeal of the 17th Amendment would do more to restore the careful balance between State and Federal power created by the Founding Fathers than any piecemeal action by individual states.
Thank you.