A Declaration of Utah against Judicial Amendments to the U.S. Constitution

We, the undersigned citizens of Utah, in order to preserve to ourselves and our posterity a Republican form of government built upon the principles of Popular Consent and Rule of Law, do hereby publish to the world the following declarations with regard to the authority of the United States Supreme Court.


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Whereas the People of the States by their unanimous consent bound themselves to a compact, and expressed the terms of that compact in the United States Constitution,


Whereas the compact reflected principles of such universal esteem as to prompt the unanimous consent of the States in its ratification,


Whereas the People of the States in their new Constitution guaranteed to themselves a Republican form of government based on the consent of the governed,


Whereas the universal esteem and stability of the Constitution was safeguarded by the requiring of consent among Three Fourths of the States in order to amend its provisions,


Whereas the United States Supreme Court has become increasingly liberal in reading new protections and rights into the Constitution to which Three Fourths of the States have not, nor would not, offer their consent if proposed as an amendment,


Whereas a majority of States have condescended to submit to such legal opinions, although adverse to their views, out of respect to the Supreme Court’s role as a branch of the Federal Government,


Whereas ongoing and repetitive Submission by the States to such adverse decisions would clearly denote a failure of our Republican form of government and a usurpation of powers clearly not delegated by the express or implied consent of the People,


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Therefore, the undersigned People of the Sovereign State of Utah do hereby declare and publish:


That the primary purpose of constitutional interpretation is to determine the extent of the People’s consent by the plain meaning of the text,


That all further federal court interpretations of the Constitution which exceed the plain meaning of the text (as understood at the time of ratification) ought to be made null and void by this State,


That all issues not placed within the purview of the Federal Government by express consent as found in the Constitution are reserved to the States,


That the Constitution by its strict amendment procedure and federalist system wisely reserves controversial issues to be resolved by Congress and the States,


That the amendment procedure wisely prevents all issues but those on which there is great consensus from becoming the Supreme Law of the Land,


That amendments in any form, other than the constitutionally required Three-Fourths State Ratification, result in a national tyranny imposed through the guise of constitutional authority,


That if, by its prior submission, the People of Utah can be alleged to have implicitly ratified such arrogation of power, and its resulting legal decisions, and the ill-effects now evident, they do now hereby revoke any such ratification and declare such acts of its agent, the Supreme Court, to be unauthorized and impeachable,


That any further pretense by the Supreme Court to interpretations outside the scope of consent expressly granted by the People in their Constitution are and ought to be viewed by the People and their States as Treason,


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The State of Utah further maintains:


That at no time would a proposed amendment promoting gay marriage or abortion have mustered the required vote of three-quarters of the States,


That at no time in U.S. History would any other amendment (including the 14th Amendment) have been ratified if ever it were understood by the States that it would be used to establish a Constitutional mandate pertaining to abortion or gay marriage,


That the prior two declarations, being true, constitute prima facie evidence that the Supreme Court’s decisions on abortion and gay marriage are unconstitutional usurpations of the power of the People and their States,


That upon the truth of these declarations, the State of Utah ought to declare all Supreme Court decisions relative to abortion and gay marriage null and void.


Finally, that the Supreme Court should willingly reverse these decisions and, accordingly, in all future cases restrain the Judicial Power to only those questions granted to it by the consent of the People through the plain meaning of the Constitution.


To save the Republic, one nation under God, by the consent of the People, may these resolves echo in all quarters of the Union, and may the Supreme Judge of the World witness the firmness of our resolve, the prudence of our arguments, and the necessity of our boldness.

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    Jared Clark, United States

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