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Supreme Court ruling threatens Utah's legislative balance

August 21, 2024 | Utah Interim, Utah Legislative Branch, Utah


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Supreme Court ruling threatens Utah's legislative balance
In a recent government meeting, lawmakers expressed significant concerns regarding a recent Supreme Court decision that has altered the balance of legislative power in Utah. Historically, the Utah constitution allowed for a collaborative law-making process between the legislature and the citizens, particularly after a 1900 amendment granted citizens the ability to initiate legislation. This system has generally functioned effectively, enabling both entities to adapt and refine laws.

However, the Supreme Court's ruling now protects certain initiatives—specifically those that reform government—from legislative alteration, except under limited circumstances. This change raises fears of creating \"super laws\" that could become nearly impossible for elected representatives to amend, potentially undermining the legislative process.

Lawmakers highlighted the implications of this decision, warning that it could attract significant outside interest group funding aimed at pushing specific agendas through initiatives. They cited California's financial struggles, where initiative-driven budgeting has led to a $68 billion deficit, as a cautionary example of the potential consequences of such a system.

In the wake of the Supreme Court ruling, there is already a notable increase in proposed initiatives in Utah, with estimates suggesting nearly a dozen may be planned for the next election cycle. This contrasts sharply with the historical average of one initiative every five years since the power was granted to the people.

Additionally, lawmakers raised alarms about the risk of foreign money influencing local initiatives, noting a loophole in federal election law that permits unlimited foreign spending on ballot initiatives, despite restrictions on contributions to candidate races. The combination of these factors has led to a call for vigilance to prevent Utah from mirroring the initiative-driven challenges faced by states like California and Arizona.

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