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Show Arguments For Rebuttal To Arguments For Proposition No. 2 Removes Archaic and Unnecessary Language from The Utah Constitution Our Fundamental Charter These changes have been recommended as part of a continual process of revision to the Utah Constitution to remove archaic and unnecessary language. Five whole articles have already been revised in this fashion. This is the sixth. The state constitution should be a fundamental charter of government, containing only broad principles of individual rights and a basic government structure. Too much detail in a state constitution results in the overfrequent need to amend the document. This revision removes all language relating to corporations that is not fundamental to the basic government charter of the state. For example, provisions in the state constitution relating to the issuance of stock and the rates to be charged for hauling freight are already under the control of federal laws and need not be in the constitution. Requirements that non-Ut- ah corporations operate on a level playing field with Utah businesses is already required under U.S. cases. The definition of corporation, when and where an agent receives process, and other technical requirements are not of such a fundamental nature as to require inclusion in the constitution. This revision updates the existing corporations provisions, leaving only those that are necessary to good, fundamental Proponents of this radical and extensive set of amendments would have Utah citizens swallow some dubious assertions. Please, read the proposal before voting and you will reject those assertions. Assertion: This change is simply part of a smoothly running process, which has revised five other constitutional articles. FACT: Five other articles have been revised with little opposition. This controversial set of amendments was rejected on several previous occasions and should be rejected again. Assertion: This proposal only removes unnecessary language. FACT: Constitutional language proposed for elimination protects basic rights that need greater safeguards than simple statutes which can be amended or eliminated by the whim of any legislature or judge. Assertion: Current language is too detailed and creates need for constitutional amendments. FACT: No changes have been needed for nearly 100 need for amendyears. That certainly isn't an over-frequ- ent over-frequ- ent ment. government. Assertion: Several specific narrow examples are ented as representing the essence of these amendments. Replaces the Current Price Fixing Prohibition with a Broader Monopolies Prohibition Many safeguards having tremendously widespread implications, are eliminated or crippled as described previously in the initial con section. The current constitution only prohibits price fixing and not other monopolistic practices. This revision would expand the prohibition to include all aspects of antitrust activities, including monopolies, restraint of trade, and conspiracy, a prohibition modeled largely after federal antitrust laws. It also contains a policy affirmatively stating that a free market system governs trade and commerce in Utah. This would result in a more effective control over unfair practices while leaving the state economy to continue to operate under the general pres- FACT: Assertion: This proposal leaves only elements necessary for good fundamental government. FACT: This revision eliminates many provisions necessary for good fundamental government, and also and fair labor standards, essential in operating responsible businesses. Utah citizens, before voting, carefully read this proposal. Dont trade existing constitutional safeguards for watered-d- provisions that can be eliminated at the whim of any future legislature or judge. principles of a free market. own Senator Haven J. Barlow P.O. Box 626 Layton, Utah 84041 Rep. Grant D. Protzman House Asst. Minority Whip 3073 North 575 East North Ogden, Utah 84414 Rep. Kurt E. Oscarson 9504 S. Mumford Drive Sandy, Utah 84094 |