New EPA Rules Threaten Property Rights in Utah
School children across Utah were likely exposed this week to the virtues of environmental conservation and the heroics of “Captain Planet” in honor of Earth Day. We presume that few were introduced to the unintended consequences...
The “How” of a Federal Land Transfer
Between the Cliven Bundy standoff and the Recapture Canyon protest, federal ownership of vast swaths of land within western states has come to the fore of public attention. Utah has been leading efforts to transfer federal land...
The Price of Higher Ed
Thousands of newly-minted graduates will proudly parade in front of beaming family and friends to receive their college diplomas in the coming few weeks. Parents will cheer as their children attain the degrees that parents worked...
The Commerce Clause: Or How the Federal Government Came to Control (Almost) Everything
Earlier this year the Supreme Court issued a ruling in Sandifer v. United States Steel Corp. At issue was whether employees must be paid for time spent donning and doffing protective work clothing. The Court ultimately held that...
Nullification: How it Should and Shouldn’t Be Used
Part I:What Nullification Should Not Be Nullification means many things to many people. Perhaps the most extreme version is when a state passes a law purporting to override a federal law. Last year, for example, Missouri nearly...
The Federal Government’s Micromanagement of School Discipline
Earlier this month the Departments of Education and Justice released an information package regarding school discipline. Its main thrust is that not one, but two federal departments are going to micromanage school discipline in a...
Utah Highly Dependent Upon Federal Funds
A newly released audit for the state of Utah reveals that the government relies upon federal funds for well over a third of its budget. According to state auditor John Dougall, “Utah continues to have a heavy dependence on...
States Force Feds into a Game of Chicken and Win
Those dismissive of the possibility of nullification being an effective tool in fighting back against an overreaching federal government should take note of a recent move by the U.S. Justice Department. Last week Attorney General...
Utah’s Commission on Federalism Has Potential
The inaugural meeting of Utah’s Commission on Federalism was held last Tuesday, July 2nd, at the Capitol. The meeting offered a skeptic like me some hope of some real progress by the members of the commission, and in turn...
The Supremacy Clause: I do not think it means what you think it means
A recent editorial by the Salt Lake Tribune offers another example of a common misunderstanding of the U.S. Constitution’s “Supremacy Clause”. The editorial equates state nullification of federal law with...