In their wisdom, the framers of our Constitution established a government grounded in checks and balances. They created three separate and equal branches: executive, legislative and judicial. In Utah, the executive branch is led by Gov. Spencer Cox, while the legislative branch is composed of our State Senate and House of Representatives. The judicial branch, which includes our courts, ensures the rule of law.
The idea of balance is critical because, as Benjamin Franklin wisely noted, “When you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men all their prejudices, their passions, their errors of opinion, their local interests and their selfish views.”
That’s why power must always be held in check, regardless of how well-meaning the individuals in power may be. Without checks, even the most virtuous leaders can fall prey to their own ambitions.
One of the ways the executive branch can check the legislative is through the power of the veto. If the Legislature passes a bill that the governor believes is harmful to Utah, the governor can veto it, sending the message that the people deserve better. However, if a bill is passed by more than two-thirds of the Legislature, that veto can be overridden, and the bill becomes law despite executive objections.
This system ensures that no one branch holds too much power — at least, that’s how it’s supposed to work. Unfortunately, in Utah today, the balance has tipped. Our Legislature is composed of a supermajority, creating what is effectively a veto-proof majority. While some might see this as the natural outcome of ideological leanings in the state, the deeper concern is that this supermajority has become unaccountable, both to the governor and, more dangerously, to the people.
Here in Utah, it’s no longer about a left vs. right divide — it’s become a question of whether the Legislature is accountable to anyone at all. Without meaningful restraints on their power, the legislative branch has consolidated control to such an extent that it can act with little regard for the will of the people.
In 2018, Utahns tried to address this imbalance through a key tool: the ballot initiative process. The people voted to create an independent redistricting commission to ensure that political maps were drawn fairly, allowing voters to choose their leaders, not the other way around. The commission was formed, and fair maps were drawn.
But when those maps were presented, the Legislature threw them out and replaced them with maps of their own design — maps that entrenched their power further. The governor chose not to veto this move, leaving the courts as the last remaining check.
Thankfully, the Utah Supreme Court stepped in with a unanimous ruling in July of this year, declaring that the Legislature had violated the constitutional rights of Utahns. It was a necessary and welcome reminder that no branch of government is above the law.
Yet instead of accepting this ruling, the Legislature took unprecedented action. Using their emergency powers — typically reserved for true emergencies — they called themselves into a special session where they rushed through a new ballot measure: Amendment D. They claim that Amendment D will “strengthen the ballot initiative process.” But what it actually does is change the Constitution in a way that consolidates even more power in their hands, reducing the ability of ballot initiatives to serve as a check on their power.
While we were initially waiting for a final decision, the Utah Supreme Court has now upheld the district court’s ruling that Amendment D is void due to deceptive language used on the ballot. This means that while Utahns will see the Amendment on their ballots, votes will not be counted on Amendment D this November. Although this particular threat has been neutralized, it remains a stark example of the lengths the Legislature is willing to go to consolidate power, and the vigilance required to protect the people’s voice in our democracy.
Currently, our Constitution reads, “All political power is inherent in the people.” This is foundational to who we are. If Amendment D were to pass, that power would have been further filtered through the Legislature, making it harder for Utahns to use initiatives to hold their elected representatives accountable.
This is a critical moment for Utah. Our representatives are not meant to be rulers. We temporarily entrust them with the authority to represent our interests, but when they act in ways that defy those interests, it is our responsibility to hold them accountable with our vote.
That’s why it’s important to consider electing independent candidates — individuals who are not beholden to party leadership or entrenched interests. I believe that Independent candidates are more likely to represent the people’s will. Additionally, implementing term limits for legislators could help ensure that no one remains in power for too long, preventing the entrenchment of power and encouraging fresh ideas and leadership.
This November, we have the opportunity to use our voices, restore the balance of power and send a message that unaccountable governance will not be tolerated. Utah’s future depends on a government that is truly by the people and for the people.
(Monnica Manuel) Monnica Manuel is running for Utah Senate District 16.
Monnica Manuel is running for Utah Senate District 16.
