In his inaugural address in August, newly minted Gov. Gary Herbert laid down a marker on states' rights when he declared that, "We should never forget that we, as a nation of united states, created the federal government, not the other way around."

The statement drew the biggest ovation of his address and tapped into the disdain felt among conservative Utahns toward the federal government.

Now, in a legislative session rife with push-back against the federal government and a state sovereignty fervor, Herbert is having his mettle put to the test.

In the coming week, he will make a decision whether to sign or veto SB11, a measure that would exempt Utah-made guns from federal firearms laws.

Supporters argued that if the firearms or ammunition and the materials used to make them don't cross state lines then the federal government has no right to make the state abide by its rules.

Legislative attorneys said there is a high likelihood the bill, modeled after legislation passed in Montana and Tennessee, is unconstitutional.

And it is just one of the issues -- ranging from guns to resistance to federal health reform to seizing federal land -- that pits principles against politics and philosophy versus pocketbook.

Does the governor stick to his guns, sign the bill and potentially commit the state to costly litigation when the state budget is in turmoil?

Or does he veto the measure, bucking his political base

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and the majority of the Legislature that voted for the bill?

"I certainly wouldn't want to be in his position," said Clark Aposhian, chairman of the Utah Shooting Sports Council, who, along with other groups, has called on gun owners to flood Herbert's office with calls and e-mails, urging him to sign the bill.

If Herbert signs the bill, Aposhian said, he has to be able to communicate that it won't cost money, as the gun advocates argue -- although at least one organization is considering a lawsuit if it becomes law.

If he vetoes it, Aposhian said, "he's going to have to communicate to all the freedom-loving, gun-owning patriots in Utah that, in fact, you can put a price on states' rights."

Rep. Brian King, a Democrat and attorney from Salt Lake City, who called the gun bill "madness" during debate, said the issue boils down to this: "How much are you willing to pay to be a states' rights guy?"

"It's an act of political courage if he chooses not to sign these things," said King.

Herbert was unavailable for an interview this week, but told KSL Radio he is weighing the constitutional and financial issues.

"This is clearly designed to set us up for a court challenge to see if we can get to the Supreme Court and overturn interstate commerce law for the last 70 years," Herbert said. "That may be a laudable goal. The question is: Is it the right time, right vehicle and at what cost to the taxpayers of Utah?"

Herbert said he is concerned that if the Supreme Court ruled against Utah, it could be a setback to the cause of states' rights.

Utah is trying to balance a budget that faces a shortfall of more than $700 million.

But House Majority Leader Kevin Garn, R-Layton, said the Legislature will stand behind the governor if he signs the bill, including funding any litigation, if necessary.

"We're going into this thing with eyes wide open, realizing it may cost the state some money, but we think it's an important cause," he said. "We probably put the governor in a difficult position with some of these bills, but this is the only way we think we've got to express ourselves."

Not only does Herbert have the state's shaky financial situation to consider, but he also has to stand for re-election this year. Salt Lake County Mayor Peter Corroon is challenging Herbert, and a wasteful states' rights battle could provide the Democrat with fodder.

"Clearly it does create a dilemma for him," said LaVarr Webb, who was a policy advisor to former Gov. Mike Leavitt. Webb argues the states should push back against the federal government.

"There are different ways to approach that, and it has to be practical. To pass legislation that is clearly unconstitutional probably isn't the very best way to do it and puts the governor in a difficult situation."

The gun legislation is not the only bill that could challenge Herbert's often stated conservative ideology.

There are, in all, more than 15 various states' rights bills and resolutions. And the dubious constitutionality of many of them have kept legislative attorneys busy.

So far this session, legislative lawyers have cautioned that six bills face a high likelihood of being found unconstitutional by the courts. There were zero such warnings given last session and a total of nine during the past four years.

The Utah-made firearms bill passed anyway, by comfortable margins. A bill that would block the state from implementing federal health insurance reform sailed through the House and is pending in the Senate. And a proposal to seize federal land using eminent domain power is scheduled for a hearing next week.

"They would raise some fairly serious constitutional red flags," said David Law, a law professor at Washington University in St. Louis. The Supreme Court has opened the door to states' rights arguments in recent decisions, but the proposals Utah lawmakers are putting forward go well beyond the current jurisprudence.

It's not just states' rights where Herbert has thrown down the gauntlet and could have his resolve tested. He has said repeatedly and forcefully he opposes raising any new taxes. But legislative leaders have not ruled out hiking the cigarette tax by more than $1 per pack to help balance the budget.

Add to that the fact the cigarette tax is popular among voters, 70 percent of whom favor raising the tax.

It is an unenviable, yet not uncommon, conundrum for governors to find themselves, said Webb, especially when they announce hard-line stands on issues.

"That's what governors have to do," said Webb, "and he wanted the job."

gehrke@sltrib.com