Bill Description: House Bill 650 (H650) would establish the presumption in Idaho code that the state government has jurisdiction over matters occurring within Idaho unless the U.S. Constitution clearly and specifically grants authority to the federal government.
Rating: +2
Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?
Federalist 45 explains that within our constitutional order the powers of the federal government are “few and defined,” whereas the powers of the state governments are “numerous and indefinite.” In recognition of this fundamental principle of our compound republic, the Ninth Amendment states that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” H640 reinforces this principle by declaring that “it is the policy of the state of Idaho that jurisdiction over all matters arising within the state shall be presumed to reside with the state unless the federal government demonstrates that the constitution of the United States expressly and specifically delegates such jurisdiction to the federal government. Such presumption may be rebutted only by a clear showing that the federal government’s exercise of jurisdiction is authorized pursuant to the text of the constitution of the United States.” The legislation asserts that Idaho reserves “primary and inherent police power jurisdiction” over public health and safety; education; water and natural resources, excluding federal reserve water rights; agriculture; energy; land use and zoning; and local economic regulation.
H650 also declares that “any assertion of authority based on implied, incidental, or ancillary powers shall be narrowly construed and shall not overcome the presumption of state jurisdiction.”
(+1)
Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the tenth amendment. Conversely, does it restore or uphold the principles of federalism?
H650 promotes the proper understanding of federalism by declaring that “In any conflict between the state and federal government regarding jurisdiction, the state of Idaho shall assert its rights in coordination with the office of the attorney general, the governor, and the legislature.”
(+1)
