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JOINT RESOLUTION ON PRESIDENTIAL EXECUTIVE

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ORDERS

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2021 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: David P. Hinkins

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House Sponsor: Phil Lyman

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8     LONG TITLE
9     General Description:
10          This joint resolution recognizes and encourages adherence to the proper separation of
11     powers and principles of federalism with regard to certain presidential executive orders.
12     Highlighted Provisions:
13          This resolution:
14          ▸     recognizes the importance of the appropriate separation of powers among the
15     branches of government as established in the Constitution of the United States;
16          ▸     recognizes the core functions of each branch of government, including the checks
17     and balances among the three branches of government;
18          ▸     recognizes that other states have introduced legislation intended to provide and
19     maintain balance among the branches of government;
20          ▸     requests that the Utah Attorney General review executive orders of the President of
21     the United States and evaluate whether an executive order exceeds the President's
22     power, violates the constitution, or unlawfully infringes on the rights and powers of
23     the state of Utah; and
24          ▸     requests that the Utah Attorney General initiate litigation if the Utah Attorney
25     General finds that an executive order exceeds the President's power, violates the
26     constitution, or unlawfully infringes on the rights and powers of the state of Utah.
27     Special Clauses:
28          None
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30     Be it resolved by the Legislature of the state of Utah:
31          WHEREAS, the United States Constitution creates three distinct branches of
32     government;
33          WHEREAS, the United States Constitution defines the powers of each branch of
34     government;
35          WHEREAS, the power to legislate and enact law is reserved to Congress;
36          WHEREAS, the power to execute the law is granted to the executive branch;
37          WHEREAS, the power to interpret and apply the law is granted to the judicial branch;
38          WHEREAS, each branch is prohibited from exercising the core functions of another
39     branch of government;
40          WHEREAS, each branch provides checks and balances on the other two branches of
41     government;
42          WHEREAS, the principle of federalism provides a check and balance between the
43     federal and state governments and ensures sovereignty of each state by protecting against
44     federal overreach; and
45          WHEREAS, other states, including Nebraska, North Dakota, South Carolina, and South
46     Dakota have introduced legislation intended to provide balance among the branches of
47     government and between state and federal governments:
48          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
49     requests that the Attorney General of the state of Utah review each executive order issued by
50     the President of the United States if the executive order has not been affirmed by a vote of the
51     Congress of the United States and evaluate whether that executive order exceeds the President's
52     power, violates the constitution, or unlawfully infringes on the rights and powers of the state of
53     Utah.
54          BE IT FURTHER RESOLVED that if the Attorney General determines that the
55     executive order exceeds the President's power, violates the constitution, or unlawfully infringes
56     on the rights and powers of the state of Utah, the Legislature encourages the Attorney General
57     to commence litigation to protect against illegal, unconstitutional, or overreaching presidential

58     executive orders.
59          BE IT FURTHER RESOLVED that the Legislature urges the Attorney General to
60     closely scrutinize executive orders that relate to:
61          ▸     a pandemic or other public health emergency;
62          ▸     the regulation of natural resources;
63          ▸     the regulation of the agricultural industry;
64          ▸     the regulation of land use;
65          ▸     the regulation of the financial sector through the imposition of environmental,
66     social, or governance standards; and
67          ▸     the regulation of the constitutional right to keep and bear arms.
68          BE IT FURTHER RESOLVED that the Legislature supports similar efforts of other
69     states to provide appropriate checks and balances among the branches and levels of
70     government.