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CONCURRENT RESOLUTION CALLING FOR THE

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CREATION OF A NATIONAL FEDERALISM TASK FORCE

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2020 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Kay J. Christofferson

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Senate Sponsor: David P. Hinkins

7     Cosponsors:
8     Cheryl K. Acton
9     Carl R. Albrecht
10     Kyle R. Andersen
11     Melissa G. Ballard
12     Stewart E. Barlow
13     Brady Brammer
14     Walt Brooks
15     Scott H. Chew
16     Steve R. Christiansen
17     Kim F. Coleman
18     Brad M. Daw
19     Stephen G. Handy
20     Timothy D. Hawkes
21     Jon Hawkins
22     Dan N. Johnson
Marsha Judkins
Karianne Lisonbee
Phil Lyman
A. Cory Maloy
Kelly B. Miles
Calvin R. Musselman
Merrill F. Nelson
Derrin R. Owens
Lee B. Perry
Val L. Peterson
Candice B. Pierucci
Val K. Potter
Susan Pulsipher
Paul Ray
Marc K. Roberts
Adam Robertson
Douglas V. Sagers
Mike Schultz
Travis M. Seegmiller
Rex P. Shipp
V. Lowry Snow
Robert M. Spendlove
Keven J. Stratton
Mark A. Strong
Steve Waldrip
Raymond P. Ward
Christine F. Watkins
Logan Wilde
Mike Winder

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24     LONG TITLE
25     General Description:
26          This concurrent resolution calls for the creation of a National Federalism Task Force for
27     the purpose of convening a series of federalism summits.
28     Highlighted Provisions:

29          This resolution:
30          ▸     highlights the framers of the United States Constitution's original intent regarding
31     the different roles and responsibilities of state governments and the federal
32     government;
33          ▸     encourages the restoration and maintenance of clear, discernible divisions in the
34     roles and responsibilities of state governments and the federal government; and
35           ▸     calls for coordination in the creation of a National Federalism Task Force for the
36     purpose of convening a series of federalism summits.
37     Money Appropriated in this Bill:
38          None
39     Other Special Clauses:
40          None
41     

42     Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
43          WHEREAS, our unique governing system in the United States was designed to federate
44     diverse states and people for vital national concerns, while preserving to the American people
45     the benefits of self-government - a form of government that is efficient, effective, and
46     accountable - and amplifies their governing voice;
47          WHEREAS, to accomplish this objective, in the Federalist Papers No. 39, James
48     Madison and the other framers of the constitution designed a new hybrid form of government
49     that was part "national" (called the federal government today) and part "federal" (a federation
50     of the states), with clear divisions in the roles and responsibilities assigned to the national
51     government and to the state governments;
52          WHEREAS, in the Federalist Papers No. 51, James Madison specified that a clear
53     division of governing responsibilities was essential to this new form of government to provide
54     "a double security ... to the rights of the people," against overreach from either the state
55     government or the federal government because "the different governments will control each
56     other.";

57          WHEREAS, during the Pennsylvania Ratifying Convention of the United States
58     Constitution, James Wilson marveled at "the accuracy with which the line is drawn between
59     the powers of the general government and those of the particular state governments," observing
60     "the powers are as minutely enumerated as was possible.";
61          WHEREAS, during the New York Ratifying Convention of the United States
62     Constitution, Alexander Hamilton admonished that "this balance between the national and state
63     governments ought to be dwelt on with peculiar attention, as it is of the utmost importance. It
64     forms a double security to the people.";
65          WHEREAS, by all accounts, there is no clearly discernible division of roles and
66     responsibilities between the federal government and the states today;
67          WHEREAS, many Americans feel frustrated that government is not efficient, effective,
68     or accountable, and sensing that something is wrong with our governing system, they
69     increasingly disengage from government because they believe their voices do not matter
70     anymore;
71          WHEREAS, in their joint dissent in NFIB v. Sebelius, Justices Kennedy, Scalia,
72     Thomas, and Alito, warned of the consequences of allowing our system to atrophy, writing "the
73     fragmentation of power produced by the structure of our Government is central to liberty, and
74     when we destroy it, we place liberty at peril.";
75          WHEREAS, in his farewell address, George Washington admonished all officers who
76     are oath-bound under Article VI of the United States Constitution that "to preserve [this system
77     of reciprocal checks] must be as important as to institute them.";
78          WHEREAS, divisions, limits, and balance in the various governing roles and
79     responsibilities, and the self-governing engagement of the people, are essential to the
80     preservation of our system; and
81          WHEREAS, this singular system is the solution to securing the rights of the people to
82     pursue their unique visions of happiness over an expansive and diverse nation:
83          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
84     Governor concurring therein, calls upon the National Conference of State Legislatures, the

85     Council of State Governments, and the American Legislative Exchange Council to coordinate
86     in the creation of a National Federalism Task Force for the purpose of convening a series of
87     federalism summits to consider and develop plans for restoring and maintaining clearly
88     discernible divisions in the roles and responsibilities of the national government and the states
89     for the benefit and engagement of the American people.
90          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the speaker of
91     the House of Representatives, president of the Senate, and chairs of the federalism or
92     federal-state relations committee in each state.