Representative Merrill F. Nelson proposes the following substitute bill:





Chief Sponsor: Merrill F. Nelson

Senate Sponsor: J. Stuart Adams


9     General Description:
10          This concurrent resolution supports the Re-Empowerment of the States Amendment.
11     Highlighted Provisions:
12          This resolution:
13          ▸     asserts that federalism is an integral part of the American democratic system and is
14     essential to the vitality of the Union; and
15          ▸     supports the Re-Empowerment of the States Amendment.
16     Special Clauses:
17          None

19     Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
20          WHEREAS, the people of the United States, through their elected state delegates,
21     established the Constitution of the United States, which created the federal government and
22     defined its limited powers;
23          WHEREAS, the powers delegated to the federal government are "few and defined,"
24     while all other powers are reserved to the states and the people;
25          WHEREAS, the Constitution separates federal powers among three branches of

26     government: the legislative, the executive, and the judiciary, each with checks on the powers of
27     the others, to prevent the expansion or usurption of powers by any branch;
28          WHEREAS, over the past several decades, executive power has expanded through the
29     creation of administrative agencies that enforce expansive federal laws and regulations upon
30     the states and the people;
31          WHEREAS, the states, particularly since the passage of the 17th Amendment, have no
32     effective check on this expansion of federal executive and regulatory power, resulting in a
33     gradual erosion of the federalist system of government established by the Founders, thereby
34     threatening state sovereignty and individual liberties; and
35          WHEREAS, restoring the balance of federalism will secure the blessings of liberty to
36     ourselves and our posterity:
37          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
38     Governor concurring therein, reaffirms its position that federalism is an integral part of the
39     American democratic system and is essential to the vitality of the Union.
40          BE IT FURTHER RESOLVED that the Legislature and the Governor support the
41     Re-Empowerment of the States Amendment, which has been introduced in Congress by
42     Representatives Rob Bishop and Cathy Rodgers as H.J. Res. 32 and reads: "SECTION 1. The
43     several States may repeal, in whole or in part, any Presidential Executive order, rule,
44     regulation, other regulatory action, or administrative ruling issued by a department, agency, or
45     instrumentality of the United States. Such repeal shall take effect upon approval by the
46     legislatures of two thirds of the several States of resolutions for this purpose that particularly
47     describe the same whole or part of the Executive order, rule, regulation, other regulatory action,
48     or administrative ruling to be repealed. "SECTION 2. Congress shall have power to enforce
49     this article by appropriate legislation.''
50          BE IT FURTHER RESOLVED that the Legislature and the Governor call upon the
51     legislatures of the several states to adopt similar resolutions in support of this proposed
52     constitutional amendment.
53          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Majority
54     Leader of the United States Senate, the Speaker of the United States House of Representatives,
55     and the members of the Utah congressional delegation.