Chief Sponsor: Kay J. Christofferson

Senate Sponsor: David P. Hinkins


9     General Description:
10          This concurrent resolution calls for the creation of a National Federalism Task Force for
11     the purpose of convening a series of federalism summits.
12     Highlighted Provisions:
13          This bill:
14          ▸     highlights the framers of the United States Constitution's original intent regarding
15     the different roles and responsibilities of state governments and the federal
16     government;
17          ▸     encourages the restoration and maintenance of clear, discernible divisions in the
18     roles and responsibilities of state governments and the federal government; and
19           ▸     calls for coordination in the creation of a National Federalism Task Force for the
20     purpose of convening a series of federalism summits.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None

26     Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
27          WHEREAS, our unique governing system in the United States was designed to federate

28     diverse states and people for vital national concerns, while preserving to the American people
29     the benefits of self-government - a form of government that is efficient, effective, and
30     accountable - and amplifies their governing voice;
31          WHEREAS, to accomplish this objective, in the Federalist Papers No. 39, James
32     Madison and the other framers of the constitution designed a new hybrid form of government
33     that was part "national" (called the federal government today) and part "federal" (a federation
34     of the states), with clear divisions in the roles and responsibilities assigned to the national
35     government and to the state governments;
36          WHEREAS, in the Federalist Papers No. 51, James Madison specified that a clear
37     division of governing responsibilities was essential to this new form of government to provide
38     "a double security ... to the rights of the people," against overreach from either the state
39     government or the federal government because "the different governments will control each
40     other.";
41          WHEREAS, during the Pennsylvania Ratifying Convention of the United States
42     Constitution, James Wilson marveled at "the accuracy with which the line is drawn between
43     the powers of the general government and those of the particular state governments," observing
44     "the powers are as minutely enumerated as was possible.";
45          WHEREAS, during the New York Ratifying Convention of the United States
46     Constitution, Alexander Hamilton admonished that "this balance between the national and state
47     governments ought to be dwelt on with peculiar attention, as it is of the utmost importance. It
48     forms a double security to the people.";
49          WHEREAS, by all accounts, there is no clearly discernible division of roles and
50     responsibilities between the federal government and the states today;
51          WHEREAS, many Americans feel frustrated that government is not efficient, effective,
52     or accountable, and sensing that something is wrong with our governing system, they
53     increasingly disengage from government because they believe their voices do not matter
54     anymore;
55          WHEREAS, in their joint dissent in NFIB v. Sebelius, Justices Kennedy, Scalia,
56     Thomas, and Alito, warned of the consequences of allowing our system to atrophy, writing "the
57     fragmentation of power produced by the structure of our Government is central to liberty, and
58     when we destroy it, we place liberty at peril.";

59          WHEREAS, in his farewell address, George Washington admonished all officers who
60     are oath-bound under Article VI of the United States Constitution that "to preserve [this system
61     of reciprocal checks] must be as important as to institute them.";
62          WHEREAS, divisions, limits, and balance in the various governing roles and
63     responsibilities, and the self-governing engagement of the people, are essential to the
64     preservation of our system; and
65          WHEREAS, this singular system is the solution to securing the rights of the people to
66     pursue their unique visions of happiness over an expansive and diverse nation:
67          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
68     Governor concurring therein, calls upon the National Conference of State Legislatures, the
69     Council of State Governments, and the American Legislative Exchange Council to coordinate
70     in the creation of a National Federalism Task Force for the purpose of convening a series of
71     federalism summits to consider and develop plans for restoring and maintaining clearly
72     discernible divisions in the roles and responsibilities of the national government and the states
73     for the benefit and engagement of the American people.
74          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the speaker of
75     the House of Representatives, president of the Senate, and chairs of the federalism or federal-
76     state relations committee in each state.