1. Does it create, expand, or enlarge any agency, board, program, function, or activity of government?
Conversely, does it eliminate or curtail the size or scope of government?
2. Does it transfer a function of the private sector to the government?
Examples include government ownership or control of any providers of goods or services such as the Land Board’s purchase of a self-storage facility, mandatory emissions testing, or pre-kindergarten. Conversely, does it eliminate a function of government or return a function of government to the private sector?
3. Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market?
Conversely, does it eliminate or reduce government intervention in the market?
4. Does it increase barriers to entry into the market?
Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?
5. Does it directly or indirectly create or increase any taxes, fees, or other assessments?
Conversely, does it eliminate or reduce any taxes, fees, or other assessments?
6. Does it increase government redistribution of wealth?
Examples include the use of tax policy or other incentives to reward specific interest groups, businesses, politicians, or government employees with special favors or perks; transfer payments; and hiring additional government employees. Conversely, does it decrease government redistribution of wealth?
7. Does it increase government spending (for objectionable purposes) or debt?
Conversely, does it decrease government spending or debt?
8. Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity?
Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?
9. Does it violate the principle of equal protection under the law?
Examples include laws which discriminate or differentiate based on age, gender, or religion or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?
10. Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes?
Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
11. Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution?
Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?
12. Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules?
Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?
Idaho Freedom Foundation 802 W. Bannock Street, Suite 405, Boise, Idaho 83702 p 208.258.2280 | e[email protected]