TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 23

MISCELLANEOUS PROVISIONS

67-2364 [67-2365].  STATE SOVEREIGNTY AND JURISDICTIONAL PRESUMPTION — limitations on federal power. (1) The legislature finds and declares that:

(a)  Under the ninth and tenth amendments to the constitution of the United States and section 1, article I of the constitution of the state of Idaho, all powers not delegated to the federal government are reserved to the states respectively or to the people;

(b)  The state of Idaho asserts its sovereignty and reserves all powers not expressly granted to the federal government by the constitution of the United States; and

(c)  The proper balance of authority between the state of Idaho and the federal government is essential to protecting the liberties of the people of Idaho.

(2)  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.

(3)  Areas in which the state has primary and inherent police power jurisdiction shall include but are not limited to:

(a)  Public health and safety;

(b)  Education;

(c)  Water and natural resources, excluding federal reserve water rights;

(d)  Agriculture;

(e)  Energy;

(f)  Land use and zoning; and

(g)  Local economic regulation.

(4)  The federal government is a government of limited and enumerated powers. Any assertion of authority based on implied, incidental, or ancillary powers shall be narrowly construed and shall not overcome the presumption of state jurisdiction established in subsection (2) of this section.

(5)  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. The burden shall be on the federal government to establish the constitutional basis for any asserted jurisdiction.

History:

[(67-2365) 67-2364, added 2026, ch. 238, sec. 1, p. 1028.]