For Rep. Ken Ivory, R-West Jordan, one of the most important duties of a state legislator is to defend against federal intrusion. He believes the Founding Fathers intended for the states to be a barrier against overreaching national authority.
"I haven't been in a single [legislative] meeting so far where the federal government is not a big gorilla in the room," he said.
Ivory is one of the new faces on Capitol Hill this year, but his tenacity is nothing new to politics. Former Democratic lawmaker Kelly Atkinson, who represented West Jordan years ago and has known Ivory for more than 20 years, described Ivory as focused and articulate.
Atkinson said he was impressed by Ivory's ability to mobilize the community against West Jordan's attempt to turn a park into commercial development.
"I was taken by the fact that he's very level-headed and thoughtful," Atkinson said of the experience. "When he saw what needed to be done, he demonstrated leadership."
Ivory graduated from BYU with a degree in Japanese and also holds a law degree from California Western. He served as chairman of the Sandy Chamber of Commerce in 2005. He was also president of the West Jordan Rotary Club and was honored with a Wall Street Journal Business Law Award.
Concern for his children's future served as a motivation for him running for office, he said.
"I'm very concerned about the direction things are heading nationally and how that affects us in the state of Utah," Ivory said.
His main worry is that the national government is simultaneously not doing enough and doing too much. He said he doesn't see enough effort from either party to try to fix the staggering federal deficits.
"On the state level, we're supposed to be the critical external check to federal government," Ivory said.
Yet, he's also concerned that the policy makers in Washington, D.C., are in no position to make decisions that affect the smaller communities far from the nation's capital. Ivory is working on a bill, HB76, known as Federal Law Evaluation and Response Act, that would draw a definitive line between state and federal powers.
"I believe this is the issue of our day," said Ivory. He presented the example of Rebecca Ford, a teacher in Tooele who has put on bake sales for the special education program at her school. However, legislation at the national level could stop Ford from continuing her bake sale, Ivory said, though there's nothing in the Constitution that gives the federal government authority over that.
He also doesn't believe the state should sit around and wait for the feds to act.
"We come with a proactive game plan where we have an offensive strategy instead of waiting for the defense," Ivory said. "It should be a dispute-resolution mechanism."
The bill would create a Federalism Subcommittee in the Constitution Defense Council to identify areas where the federal government exceeds its enumerated powers. In those instances, the state could ask the federal government to back off.
If the federal government does not yield, then the state could offer to enter into mediation. If that doesn't work, the state could file a lawsuit challenging the federal action.
The bill has the support of the Attorney General's Office.
"From a policy perspective, this bill does provide tools in the states' rights tool kit, and I think it would be helpful to have the Constitution Defense Council take a hard look at [federal laws]," said Chief Deputy Attorney General John Swallow.
Waking up at 4 a.m. to prepare for each legislative day and heading home well after the sun has set is not easy, but so far, Ivory has found his colleagues at Capitol Hill hardworking, cordial and nice.
"The people here are very genuine," he said. "I'm so honored to be working with both sides."
He never pictured himself as a lawmaker
"I would rather grow carrots or raise chickens," he said. "But we all have to do whatever we can, particularly in Utah."
He believes Utah is a good model because the state values volunteerism, hard work and self-reliance.
Robert Gehrke contributed to this report. Ken Ivory
Family • Wife, Rebecca; four children
Profession • Attorney
Hobbies • In his free time, he enjoys reading anything from American history to economics. He used to play golf, but hasn't done so in years.
Interesting fact • He once worked as the coordinator of international relations for the mayor of Osaka, Japan.
