Keeping elected officials honest at all levels
By Stan Norman
Reader Contributor
There is a disturbing trend developing in the Idaho Legislature. Several bills have been introduced in the House that would effectively take power away from counties and municipalities and give more power to the Legislature itself. In other words, a power grab.
Thomas Jefferson was a big fan of smaller government. He was the author of the Declaration of Independence and helped get the Bill of Rights added to the U.S. Constitution. Two quotes attributed to Jefferson will give you a sense of how he viewed the size and effectiveness of the levels of government in a republic: “That government is best which governs least,” and, “The government closest to the people serves the people best.”
Most of the checks and balances in the Constitution are between the branches of the federal government. However, the 10th Amendment — the last one in the Bill of Rights — states:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The U.S. Constitution starts with “We the people” and reserves all powers not specifically delegated to the federal and state governments “to the people.” The Idaho Constitution states in Article I, Section 2 that, “All political power is inherent in the people.” Implicit in the Idaho Constitution is a relationship between local and state governments modeled on the relationship between federal and state governments in the U.S. Constitution.
The Idaho Oath of Office required of all state officials reads:
I, (name), do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of (office), according to the best of my ability.
Let’s hold them to it. When legislators and other elected leaders get out of line with federal or state law, let’s call them on it. When the Legislature tries to impose its will on local governments on issues that don’t promote the common welfare of all Idaho citizens, let’s call them on it. It’s up to us to keep our elected officials in their lanes. “We the people” have the power, let’s use it. Let’s go vertical, as the airplane pilots say: communicate your thoughts and feelings to your elected officials at all levels!
Stay in touch with state and local issues through bonneralerts.substack.com. Stay in touch with federal issues through 1millionrisingsandpoint.substack.com or, my personal favorite, 5calls.org.
Now, about a couple of those pesky bills:
House Bill 557
This bill requires “uniformity in local government anti-discrimination ordinances.” Specifically, it prohibits local governments from preventing discrimination against citizens who are members of the LGBTQ community due to their sexual orientation. The U.S. Supreme Court has ruled on the inclusion of sexual orientation as a grouping or class protected by the Civil Rights Act of 1964 and the 14th Amendment. This bill is inconsistent with Supreme Court rulings in 2015 and 2020.
The bill itself states, “The legislature finds and determines that: Local governments and political subdivisions of the state maintain their authority at the pleasure of the state, and the state may restrict the scope of power wielded by local governments and preempt the ordinances and policies promulgated by local governments.”
All levels of government in the U.S. maintain their authority at the pleasure of “we the people.” I’m certain that the Legislature does not maintain its authority at the pleasure of the United States. What’s good for the goose is good for the gander.
This bill has already passed the House and moved on to the Senate State Affairs Committee. Rep. Cornel Rasor, R-Sagle, voted for the bill. Rep. Mark Sauter, R-Sandpoint, voted against the bill, citing “local governance” as the issue. Thank you, Rep. Sauter.
H.B. 574
This bill is pretty scary. It would prohibit any and all local government authorities — including school districts — from issuing “medical mandates” including vaccines, masks, life-sustaining treatments, etc. It expressly states that, “It is the intent of the Legislature to wholly occupy the field of medical intervention laws within this state.” It further states that this is necessary to protect the “Inalienable Rights of Man” in Article I, Section 1 of the Idaho Constitution, where personal freedoms are broadly stated. Unfortunately, it ignores part of the Preamble to the Idaho Constitution: “We, the people of the State of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare do establish this Constitution.”
U.S. Supreme Court Justice Oliver Wendell Holmes said, “Your right to swing your fist stops at the end of my nose.” Our republican form of government must balance personal freedoms and the common good (welfare). My children and grandchildren should not be forced to endure sickness due to your moral beliefs about masks and vaccines. We need to come to consensus on this issue and that is best accomplished at the local level.
This bill has been referred to the House Health and Welfare Committee; it should not come out of that committee.
H.B. 583
This bill greatly reduces local community prerogatives for managing short-term rentals. It ties the hands of local governments and imposes a “one-size-fits-all” floor and ceiling for STR management by local governments. Sandpoint is not Ketchum, is not McCall, is not Boise. This is a local issue. It turns out that diversity is just as important as uniformity.
This bill has already passed the House and Senate, and is awaiting Gov. Brad Little’s final decision. Rasor voted for the bill. Sauter and Woodward voted against it. Thank you, senator and thank you representative. Now is the time for the governor to veto it.
We the people have two opportunities to use our voting power in 2026. In Idaho especially, primary elections are just as important as general elections. Vote on Tuesday, May 19 and on Tuesday, Nov. 3. It’s your privilege and duty as a citizen.
Follow Jefferson’s advice: Vote for those candidates who will govern best by governing least. Vote for candidates who will promote the common benefit of all citizens. Above all, vote for candidates who recognize, appreciate and respect the beliefs and values of others, and don’t try to impose their views on others.
Stan Norman is a Sandpoint resident.
