Let me begin this week by expressing my appreciation to the Idaho National Guard members who were sent to Washington D.C. for the inauguration. Regardless of how any of us may feel about what is happening at the federal level, our National Guard members stand ready to do their duty when called upon, and we are all in their debt. I am grateful that our guardsmen and women are back home in Idaho where they are truly appreciated.
The New Administration
The Biden Administration wasted no time in attempting to undo the accomplishments of President Trump, quickly canceling energy projects and drilling leases, and compromising American sovereignty by rejoining the Paris Climate Agreement. They also halted construction of necessary border security structures and mandated mask-wearing in federal buildings and on federal lands. I pray for our new administration and for our country. My oath is to the Constitution of the United States and to the state of Idaho. I pledge to stand against permitting radical and anti-American agendas from being implemented and advanced in our state.
In times like these, it is more important than ever before that Idaho work toward increased independence from federal control. This means reducing our dependence on federal dollars so that we have the ability to assert our state sovereignty and reject federal proposals that compromise our freedom and independence.
It is important to know that the federal government may not compel states to enforce federal law. In Printz v. United States, 521 U.S. 898 (1997), the U.S. Supreme Court found that state officials and agencies cannot be commandeered by the federal government to enforce federal laws and regulations.
To get around this limitation on federal power, the federal government makes a habit of bribing states to enforce its preferences by conditioning federal funding on that enforcement. For example, in 1984, Congress passed the "National Minimum Drinking Age Act," which threatened to withhold up to 10 percent of federal highway funds from states that did not set their legal drinking age to 21. This type of policy was upheld by the U.S. Supreme Court in South Dakota v. Dole, 483 U.S. 203 (1987).
Our ability to protect Idaho's sovereignty as a state and our freedom as individuals is directly tied to our financial independence from the federal government.
Covid-19 Emergency FEMA Agreement
There are other threats to our state sovereignty that we must address. Right now, Idaho is operating under a 20-page FEMA agreement that the Governor signed with the federal government. This agreement is unique to the COVID-19 emergency and is not like a FEMA agreement that is related to a natural disaster.
Some of the language in this FEMA agreement includes requiring the state to maintain a "FEMA-approved mitigation plan"; "provide without cost to the United States all lands, easements and rights-of-ways necessary to accomplish the work"; "hold and save the United States free from damages due to the requested work"; and indemnify the Federal Government against any claims arising from such work." The state is also required to "assist the performing federal agency in all support and local jurisdictional matters."
In regards to construction projects, the State must ensure that all applicable federal, state and local permits and approvals are obtained, and all permit conditions are addressed before the start of any construction activity, including FEMA and Recipient/subrecipient compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act and all other applicable environmental laws and executive orders.
What is the role of FEMA right now? A recent news article reported that the Biden Administration has instructed FEMA to "establish federally supported vaccination centers, with the goal of setting up 100 sites in the next month." At best, this would be only two vaccination centers here in Idaho. Contrary to some claims, Idaho is already doing a good job in administrating the available vaccinations. President Biden recently stated, "You have my word, we will manage the hell out of this operation." Knowing the excessive level of federal bureaucracy, this sounds like MORE red tape rather than LESS red tape.
Do any of these agreements and terms appear consistent with the goals of preserving state sovereignty and individual liberty? Idaho needs to be very careful about the decisions we make and the agreements we sign. This is a time for bold leadership from Idaho government, including the legislative, executive, and judicial branches of government. At the very least, our Attorney General should be standing in the defense of our state sovereignty and the plan should have legislative oversight.
Capitol Clarity – Week 2
Last Thursday, we held the second Capitol Clarity event, this time in the Lincoln Auditorium. Our audience is growing, and we will continue to hold these informational events. Thank you to everyone who has participated so far. Thank you to Rep. Priscilla Giddings for helping, during our most recent event, to explain some of the funding issues in our state.
Thank you also to the Hillcrest High School Student Body President and Vice President, who traveled to our Capitol to testify in favor of House Concurrent Resolution 2, which would end the Governor's prohibition on gatherings of more than 10 people. Ending this prohibition will help to restore sporting events in Idaho and will restore some of the freedoms that have been taken away from Idahoans by the overreach of state and local governments.
