HR 5: Establishing the House Special Committee on Federal Overreach.
00 HOUSE RESOLUTION NO. 5 01 Establishing the House Special Committee on Federal Overreach. 02 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: 03 WHEREAS the House of Representatives recognizes and salutes the many historic 04 achievements of the federal government, including the federal government's fulfillment of its 05 duty to guarantee popular government in each state; and 06 WHEREAS the Constitution of the United States enumerates the powers of the 07 federal government, limiting its attention to national objects only, and reserves for the states 08 all residuary powers, providing a framework that is prerequisite to the vitality of the states as 09 self-governing bodies within the republic; and 10 WHEREAS the overbearing conduct of the federal government in Alaska's affairs 11 since statehood reflects a continual disregard of and lack of accountability to the Alaska 12 people and the legislature; and 13 WHEREAS, for years, the state government, the state's delegation to the United 14 States Congress, and the people of the state have turned to the only remaining remedies 15 available to them, to specify in detail, plead with and protest to the federal government, and to 16 litigate in federal courts the many unwarrantable exercises of federal power in the state,
01 pointing out that they are dangerous to the liberty of Alaskans, detrimental to the prosperity of 02 the state, and equally affronts to the Constitution of the United States, only to be met with 03 silence or weak affirmations; and 04 WHEREAS the federal government's most recent encroachments on Alaska 05 sovereignty present a clear attempt to erode the state's duty and responsibility to manage its 06 land and a violation of the provisions of the Alaska National Interest Lands Conservation Act, 07 passed by the United States Congress in 1980, and have shocked Alaskans from all political 08 parties, precipitating a union of Alaska citizens opposed to further acquiescence and 09 determined to restore the proper, constitutionally prescribed balance of power between the 10 federal government and the State of Alaska; and 11 WHEREAS the House of Representatives is sensitive to similar encroachments by the 12 federal government on the rights of other states; and 13 WHEREAS the House of Representatives maintains that Alaskans and the officers, 14 judges, and legislators of the state government are competent to understand the plain language 15 of the Constitution of the United States and the laws of the United States and are sufficiently 16 informed and protective of their natural and constitutional rights under the American system 17 of government; and 18 WHEREAS the government of an American state has, and the State of Alaska 19 specifically has, a duty to rise to the defense and integrity of the Constitution of the United 20 States, to restore the federal government to its proper role as defined in the Constitution, and 21 to vindicate the rights of the people when the federal government has become accustomed, 22 since Alaska's statehood, to disobedience of the Constitution and to arbitrary rule over 23 American citizens and the states; and 24 WHEREAS the House of Representatives, conscious of the gravity of the present 25 circumstances, recognizes the importance of working toward measures to restore the proper 26 and intended balance of powers between the states and the federal government; 27 BE IT RESOLVED by the House of Representatives that the House Special 28 Committee on Federal Overreach is established to 29 (1) study and consider, for the purpose of restoring state sovereignty, the 30 intervention of state authority against unconstitutional exercises of federal power in Alaska; 31 (2) study and consider the implications, risks, and effects of a potential
01 reduction in federal funds and what that reduction might mean to Alaska and Alaskans; 02 (3) compile the clearest and most harmful cases of unconstitutional exercises 03 of federal power that warrant and justify the intervention of state authority; 04 (4) coordinate with civic and professional associations in and outside the state 05 that share a similar mission with the committee for the purpose of exchanging useful research 06 and plans; 07 (5) address Alaskans on the subject of the committee, encourage public 08 debate, and hold public hearings, when considered opportune and productive; 09 (6) appeal to and open correspondence with the governments of other states 10 that, now or in the future, may be studying and considering a similar course, and might 11 consider joint action with the State of Alaska; 12 (7) submit reports to the House of Representatives by January 15, 2016, and 13 by January 15, 2017, containing recommendations concerning how to successfully mobilize 14 state authority in opposition to unconstitutional exercises of federal power, including ordinary 15 legislation, a state convention, venue in state courts, a constitutional amendment convention, 16 and popular referenda, and further recommendations on a plan of concerted action with other 17 states; and be it 18 FURTHER RESOLVED that the membership of the House Special Committee on 19 Federal Overreach shall be composed of the Speaker of the House of Representatives, or a 20 legislator selected as the Speaker's designee serving as the chair of the committee, and four 21 members of the House of Representatives appointed by the Speaker, two of whom shall be 22 members of the minority caucus of the House; and be it 23 FURTHER RESOLVED that the House Special Committee on Federal Overreach 24 may meet during the interim between legislative sessions, and the chair of the House Special 25 Committee on Federal Overreach shall make reasonable efforts to schedule joint meetings, 26 and encourage coordination, with a similar committee of the Alaska State Senate if one is 27 established; and be it 28 FURTHER RESOLVED that the House Special Committee on Federal Overreach 29 may conduct, and is encouraged to conduct, meetings electronically or telephonically; and be 30 it 31 FURTHER RESOLVED that the House of Representatives urges the Governor to
01 form a working group composed of appropriately selected members to establish a publicly or 02 privately funded authority or organization in the state charged with the mission of restoring 03 the constitutional division of powers between the state and federal governments, to coordinate 04 and confer with the House Special Committee on Federal Overreach and a similar committee 05 of the Alaska State Senate, should a Senate committee be established, and work to contribute 06 to the development of a national network of similar organizations for coordinating and 07 compiling plans, research, and information, and that will serve as a resource to the State of 08 Alaska; and be it 09 FURTHER RESOLVED that the House Special Committee on Federal Overreach 10 terminates on January 15, 2017.