State lawmakers are using a bill they passed earlier this year giving themselves permission to disregard federal laws and regulations.
When state and federal laws run up against each other, it’s common for the government authorities to battle it out in court. But does Utah have the power toWith the new rules’ Aug. 1 effective date approaching, the Beehive State may find out. And according to a legal analysis obtained by The Salt Lake Tribune earlier this year, the effort could run into constitutional roadblocks.
A January analysis of the bill’s legality conducted by the Office of Legislative Research and General Counsel, which was obtained by The Tribune, warned the proposal could run into constitutional challenges if lawmakers deploy the process, depending on the circumstances.“States’ rights mean something,” House Speaker Mike Schultz said Wednesday, “and the overreach from the Biden administration and the federal government has gotten out of control.
Regulating education is generally considered the right of states, but using federal money in schools gives the U.S. Department of Education a say in how those institutions are run. If its conditions aren’t met, the agency has the ability to withhold some of those funds.
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