‘Structure Over Politics’: Utah leads the way on strengthening the role of the states

Salt Lake City hosted an important gathering that has the potential to significantly change the way we see politics and, as a result, replace much of the contention surrounding governing with healthy, functioning decision-making.

The meeting was the 2026 Summit of the States sponsored by the National Federalism Initiative (NFI), a private-public coalition that promotes understanding and appreciation of the principle that the people of the United States, in the Constitution, assigned some responsibilities to the national government and reserved the bulk to the states. (In the spirit of full disclosure, Sutherland Institute is an Initiative partner.)

NFI’s pithy slogan is: “Structure over politics.”

The conference illustrated this. It was a bipartisan gathering of legislators and academics with a range of viewpoints and perspectives, all of whom, despite significant differences on important issues, recognize that concentrating all government power in the national government is not safe or sustainable.

While the Constitution clearly assigns some matters to the federal government, like national defense or interstate commerce, the bulk of the decisions that affect day-to-day life, such as public safety, family, environmental protection, etc., are to be made by the states. This means that the decisions with the most direct impact will be made by government representatives closest to the people affected. It also allows for different policies in different communities, which allows states to learn either from the good or bad examples of others.

As a number of participants noted, federalism does not require ignoring very real differences on issues that matter, only focusing on structural reforms to ensure more decisions are made at the state level.

Utah has been at the forefront of this effort with strong support from legislative leadership. One panel at the conference highlighted resources, many created by the Constitutional Federalism Initiative at Utah Valley University. I also participated in the panel to talk about recent legislation to mandate transparency in federal directives to state officials.

In addition to the agency legislation, Utah has adopted legislation to create a federalism commission to evaluate federal actions that impinge on state authority, to create a mechanism for the state to push back against that overreach, to create continuing education materials for legislators on the responsibility of states, and to create a public online dashboard to show the state’s dependence on federal funds to help prepare for reductions in federal funding to the states.

One panel at the NFI conference that was particularly thought-provoking addressed ways states can fulfill the promise of the Fourteenth Amendment of equal protection of rights.

That idea might initially seem counterintuitive because the Fourteenth Amendment allowed national protection for civil rights denied by the states. However, since the states have such a direct influence on the day-to-day life of most of us, they are in a strong position to ensure protections that will truly be felt by vulnerable individuals and communities without limiting the national government’s role to ensure protections when state and local governments fall short. 

For instance, states have the primary responsibility to administer elections. Thus, they are in a position to ensure fairness in procedures and accessibility to all voters. States can facilitate free exercise of religion by enacting laws and policies directed to people of faith whose unique religious exercise might not be on the radar of national policymakers. States have a key role to play in criminal justice reforms, ensuring access to high-quality education, and promoting affordable housing. 

As Utah State Representative Ken Ivory notes, the current myopic focus on national politics gives many of us a sense that decision-making is a revolving succession of red and blue “kings.” State-level decisions need not be so polarized. There is room for more cooperation and variation at that level. It is a lesson desperately needed now.