Utah Constitution Gives Citizens Rights
How do you explain why fair maps are important and legal in Utah?
Become familiar with Utah’s Declaration of Rights and how three critical articles support shared governance. The League of Women Voters of Utah and co-plaintiffs Mormon Women for Ethical Government assert that the Utah Constitution requires that the Declaration of Rights be taken as a whole before cherry-picking any one clause.
Declaration of Rights Article I, Section 1 [Inherent and inalienable rights.] All persons have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; to worship according to the dictates of their consciences; to assemble peaceably, protest against wrongs, and petition for redress of grievances; to communicate freely their thoughts and opinions, being responsible for the abuse of that right.
Article I, Section 2 [All political power inherent in the people.] All political power is inherent in the people; and all free governments are founded on their authority for their equal protection and benefit, and they have the right to alter or reform their government as the public welfare may require.
Article VI, Sec. 1, (Power vested in Senate, House, and People) clearly states that legislative power is shared:
(1) The Legislative power of the State shall be vested in:
(a) a Senate and House of Representatives which shall be designated the Legislature of the State of Utah; and
(b) the people of the State of Utah as provided in Subsection (2).
(2) (a) (i) The legal voters of the State of Utah, in the numbers, under the conditions, in the manner, and within the time provided by statute, may:
(A) initiate any desired legislation and cause it to be submitted to the people for adoption upon a majority vote of those voting on the legislation, as provided by statute; or
(B) require any law passed by the Legislature, except those laws passed by a two-thirds vote of the members elected to each house of the Legislature, to be submitted to the voters of the State, as provided by statute, before the law may take effect.
(ii) Notwithstanding Subsection (2)(a)(i)(A), legislation initiated to allow, limit, or prohibit the taking of wildlife or the season for or method of taking wildlife shall be adopted upon approval of two-thirds of those voting.
(b) The legal voters of any county, city, or town, in the numbers, under the conditions, in the manner, and within the time provided by statute, may:
(i) initiate any desired legislation and cause it to be submitted to the people of the county, city, or town for adoption upon a majority vote of those voting on the legislation, as provided by statute; or
(ii) require any law or ordinance passed by the law making body of the county, city, or town to be submitted to the voters thereof, as provided by statute, before the law or ordinance may take effect.
Article IX, Section 1 and 2 of the Utah Constitution. It states that the legislature must divide the state into districts after receiving population data from the U.S. Census. It also sets the maximum and minimum number of senators and representatives.
The legislature often cites Article IX as their argument why the people should have no voice in the matter. This article simply states that they must draw the districts. It does not say how.
