Bill > H0650

This bill establishes that the state of Idaho asserts its sovereignty and reserves all powers not explicitly granted to the federal government by the U.S. Constitution, citing the Ninth and Tenth Amendments to the U.S. Constitution and Article I, Section 1 of the Idaho Constitution, which together mean that powers not delegated to the federal government are reserved to the states or the people. It creates a jurisdictional presumption that matters within Idaho belong to the state unless the federal government can clearly demonstrate that the U.S. Constitution specifically delegates that jurisdiction to it, and this presumption can only be overcome by a clear showing of constitutional authorization for federal jurisdiction. The bill lists areas where Idaho has primary jurisdiction, including public health and safety, education, water and natural resources (excluding federal reserve water rights), agriculture, energy, land use and zoning, and local economic regulation. It further states that any federal assertion of authority based on implied or incidental powers should be narrowly interpreted and will not override the presumption of state jurisdiction, and in any jurisdictional disputes, Idaho will assert its rights with the involvement of the Attorney General, Governor, and Legislature, placing the burden on the federal government to prove its constitutional basis for jurisdiction. The bill also includes a severability clause, meaning if any part of the law is found invalid, the rest will still stand, and declares an emergency, making the act effective on July 1, 2026.

Government Affairs

Resources and Conservation Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0650/