STATE GOVERNMENT AND STATE AFFAIRS – Adds to existing law to provide for state sovereignty, jurisdictional presumption, and a limitation on federal power.
Reported Signed by Governor on March 31, 2026 Session Law Chapter 238 Effective: 07/01/2026
Summary
The law adds a new section to the Idaho Code stating that any power not expressly given to the federal government belongs to Idaho or its people. It creates a presumption that state courts have jurisdiction over issues arising in Idaho unless the U.S. Constitution clearly assigns them to the federal government, especially in areas like health, education, water, agriculture, energy, land use, and local economics. The bill places the burden on the federal government to prove its authority in any conflict.
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