Idaho Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Idaho, with full citations and the original source on every page.
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Could Idaho voters pass a 2010 initiative to nullify federal health insurance laws within the state?
The AG concluded the proposed Idaho Health Insurer Protection Act was likely unconstitutional. A state cannot declare federal laws null and void inside its borders. That power belongs to the federal c…
Could Idaho voters pass a 2010 ballot initiative letting jurors ignore judicial precedent and decide both the law and the facts in every case?
The AG flagged the Informed Jury Act initiative for separation-of-powers concerns under Idaho Const. art. V, sec. 13, Supremacy Clause concerns where the rule extended to federal law and federal court…
Could Idaho voters pass a 2010 ballot initiative letting county sheriffs block IRS enforcement of federal income tax laws?
The AG concluded the initiative would violate the Supremacy Clause and was likely void for vagueness. Idaho cannot block federal income tax enforcement, and sheriffs cannot decide which federal laws t…
Could Idaho voters pass a 2010 initiative banning state and federal greenhouse gas regulation inside Idaho?
The AG flagged three legal defects: the initiative conflicted with Governor Otter's Executive Order 2007-05 directing GHG reduction, conflicted with Idaho's Title V Clean Air Act permitting authority …
Could a 2010 Idaho ballot initiative withhold federal income tax revenue from the federal government?
The AG concluded the initiative would likely be struck down. The 16th Amendment gives Congress the power to lay and collect income taxes without apportionment among the states. No state law can withho…
Could a 2010 Idaho initiative require presidential candidates to file birth certificates with the Idaho Secretary of State to qualify for the ballot?
The AG concluded the initiative would be unconstitutional. States cannot add qualifications for federal officers beyond what the U.S. Constitution specifies. Powell v. McCormack and the Supremacy Clau…
Could a 2010 Idaho ballot initiative bar federal deployment of the Idaho National Guard outside U.S. borders?
The AG concluded the initiative was unconstitutional. The U.S. Constitution's Militia Clauses and federal statute give Congress authority to call National Guard units to active federal duty. The Idaho…
Could an Idaho ballot initiative declare federal statutes unenforceable in Idaho if they don't cite a specific enumerated power of Congress?
No. The AG concluded the proposed nullification initiative was clearly unconstitutional. The Supremacy Clause makes federal law binding on state judges, and the authority to declare federal laws uncon…
Could an Idaho ballot initiative exempt Idaho-made firearms, accessories, and ammunition from federal regulation?
No. The AG concluded the proposed Idaho Firearms Freedom Act was clearly unconstitutional. Federal regulation of firearms reaches intrastate manufacture under the Commerce Clause, the Supremacy Clause…
Could an Idaho ballot initiative require federal officers to obtain the county sheriff's written permission before making any arrest, search, or seizure in Idaho?
No. The AG concluded the initiative was clearly unconstitutional under the Supremacy Clause: a state cannot condition federal law-enforcement activity on a county sheriff's permission, criminalize fed…
Could Idaho exempt in-state nutritional and therapeutic products from federal regulation through the Health Supplements and Therapeutics Protection Act ballot initiative?
No. The AG concluded the proposed initiative would conflict with the federal Food, Drug, and Cosmetic Act and other federal drug statutes, would be preempted under the Supremacy Clause, and that limit…
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Attorney general opinions in Idaho are written by the Idaho Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.