We don’t have a constitutional crisis.
What we have is an obedience-to-the-Constitution crisis.
During 2021, I experienced one of the greatest honors of my life. It was a tremendous privilege for me to voluntarily serve as one of the seven commissioners on the Utah Independent Redistricting Commission. I heard and read countless voices and comments of citizens from virtually every corner of Utah regarding redistricting, and I helped prepare many maps that represented these voices. During this process, I not only increased my appreciation for my fellow Utahns but also discovered a profound strength of the people — the ability to govern themselves. I found Proposition 4 to be among the most amazing works of citizen legislation in probably all of Utah’s history.
Over the past several years, much has been made over Proposition 4, redistricting, the Utah Judiciary and more. Red herring comments from legislative (and other) authority abound and have saturated our Utah media. The latest strategy, it would seem, is now intended to generate a public hype about a looming constitutional crisis because the Utah citizens created Proposition 4 and the Utah judiciary upheld it. Let’s take a look at this latest so-called “crisis” — and its actual origins.
As stated above, we — in fact — have an obedience-to-the-Constitution crisis. Consider the following, and it won’t be hard to see the source of unconstitutional behavior in Utah:
- Senate Bill 200 — created by the Utah Legislature in 2020 to replace Proposition 4 — found to be unconstitutional.
- The 2021 congressional map — created by the Utah Legislature — found to be unconstitutional.
- The 2024 Amendment D — a ballot description written by the Utah Legislature — found to be a deliberately deceptive tactic ultimately designed to kill Proposition 4.
- The 2024 rush — initiated by the Utah Legislature — to implement an unconstitutional amendment to the Constitution allowing the Legislature to override citizen initiatives at will.
- The 2025 replacement congressional map submitted to the judiciary — created by the Utah Legislature — also found to be unconstitutional.
So the questions must be raised:
Do we really have a constitutional crisis?
Or do we have an obedience-to-the-Constitution crisis?
Yes, there indeed is a crisis — but it is not of the citizens’ making, it is not the making of citizen coalitions and it is not the making of the judiciary. Any constitutional crisis that might exist or develop in Utah would — given their track record — be the child of the Utah Legislature.
Notice that it is Proposition 4 — the work of the people — that remains in full and proper constitutional compliance.
I am not Republican, I am not Democrat, I do not claim membership or loyalty to any political party, and I do not speak out often. I do, however, believe firmly in principles of fairness, including fairness in governance.
Our Constitutions — both federal and state — are rock solid. It is not these Constitutions that are weak; it is those who use knee-jerk tactics to undermine these Constitutions who are weak. Both documents are dedicated first and foremost to securing the rights of fairness to the people. It is because these Constitutions are dedicated to principles of fairness that our American experiment has flourished for 250 years.
As a commissioner, I personally saw relentless attacks by legislative powers attempting to undermine the Commission even back in 2021. These attacks failed. Despite legislative opposition, the Commission successfully completed the objectives of Proposition 4 by delivering a set of 12 incredibly fair maps to the Legislature. The Commission’s maps were fair because they were built using criteria constitutionally created by you and me — the citizens of Utah.
Returning to my opening comment: We do not have a Constitutional crisis in Utah at all ... nor are we headed for one. Our Constitution is strong, and it is now even stronger following the 2024 ruling of the Utah Supreme Court. The people of Utah have spoken through Proposition 4, and the judiciary has upheld our voice. Any “crisis” that might exist or happen is a fictitious design of current legislative leadership.
The current “crisis” is not that the Utah Constitution will not bend to this week’s will of the Utah Legislature. The current crisis lies in a Legislature that repeatedly attempts to — unconstitutionally — change the rules in the middle of the game when they don’t get their way.
My message to the supermajority Legislature of Utah:
- Lay off your attacks on the Judiciary.
- Lay off your attacks on the citizens’ rights to have a voice.
- Lay off your attacks on the Utah Constitution.
And my message to my fellow Utah citizens:
- Proposition 4 is your voice. Our voice. We can — and have — properly governed ourselves through citizen initiatives such as Proposition 4. Let’s keep it that way.