IDAHO SECRETARY OF STATE
Ben Ysursa, Secretary of State
|Contact Person / Organization||
|Status||Deadline has passed. Proposed initiative will not be on the November 2010 ballot.|
|Short Ballot Title||
An initiative requiring citation to the specific constitutional provision authorizing enactment of state or federal law.
|Long Ballot Title||
An initiative related to citation of authority; amending Title 73 Idaho Code, by addition of a new Chapter 5 that every bill, act, ordinance, resolution or rule adopted or enacted by a legislative or executive body, or the people, shall include the citation of the express language from the federal or state constitution that provides the specific authority for the provisions in the bill, act, ordinance, resolution or rule. Further, that any federal law, rule, order or other act by the federal government that violates the provisions of this act would be declared invalid in this state. Creation of a registry of nullified laws.
|Attorney General Certificate of Review||Can be viewed by following this link to the Attorney General's web site. This document is provided in PDF file format, you must have a PDF reader installed on your computer to view the file.|
SECTION 1. That Title 73, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 5, Title 73, Idaho Code, and to read as follows:
73-501. SHORT TITLE. This act may be known and cited as the "Idaho Right to Constitutional Government Act.”
73-502. DECLARATION. The people find that this nation and this state were founded as constitutional republican forms of government with democratically elected representatives enacting and implementing laws consistent with those constitutions to promote the general welfare of all the people. All elected officials take an oath to uphold the constitutions. The role of government was intended to remain as limited as possible in order to expand the liberties of the people as far as possible. Over the past few decades, legislative and executive branches have gone far beyond their original purposes and powers, and have grown to the extent that the economic and regulatory burdens placed upon the people is becoming unbearable and is infringing on the rights of law-abiding citizens to enjoy their property, their freedoms, and the fruits of their labors. The people further find that the United States congress has frequently ignored its own House rule XIII 3(d) which requires "Each report of a committee on a public bill or public joint resolution shall contain the following: (1) A statement citing the specific powers granted to congress in the Constitution to enact the law proposed by the bill or resolution." The people intend by this chapter to ensure that all laws and rules adopted by the federal and state governments are firmly grounded in their respective constitutions so that those governments might return to their proper realms and focus on the essential services that best strike the balance between the need for government and the need for people to be free.
73-503. CITATION OF AUTHORITY— STATE OF IDAHO. (1) Every bill, act, ordinance, resolution, or rule adopted or enacted by a legislative or executive body, or the people, shall include the citation of the express language from the federal or state Constitution that provides the specific authority for the provisions included in the bill, act, ordinance, resolution, or rule.
73-504. CITATION OF AUTHORITY — FEDERAL GOVERNMENT. (1) Every law, rule, order, or other act adopted or enacted by the federal government should include the citation of the express language from the federal Constitution that provides the specific authority for the provisions included in the law, rule, order, or other act.
73-505. NULLIFICATION OF INVALID LAWS. Any federal law, rule, order, or other act by the federal government violating the provisions of this act is hereby declared to be invalid in this state, is not recognized by and is specifically rejected by this state, and is considered as null and void and of no effect in this state.
73-506. REGISTRY OF NULLIFIED FEDERAL LAWS. (1) Any resident of the state of Idaho can send a written communication to the secretary of state formally informing the State of Idaho that one or more Public Laws of the United States have been passed in violation of 73-504, Idaho Code. The form of communication shall be in such form as required by the secretary of state.
73-507. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.