Enrolled SR 4: Establishing the Senate Special Committee on Federal Overreach.
00Enrolled SR 4 01 Establishing the Senate Special Committee on Federal Overreach. 02 _______________ 03 BE IT RESOLVED BY THE SENATE: 04 WHEREAS the Senate recognizes and salutes the many historic achievements of the 05 federal government, including the federal government's fulfillment of its duty to guarantee 06 popular government in each state; and 07 WHEREAS the Constitution of the United States enumerates the powers of the 08 federal government, limiting its attention to national objects only, and reserves for the states 09 all residuary powers, providing a framework that is prerequisite to the vitality of the states as 10 self-governing bodies within the republic; and 11 WHEREAS the overbearing conduct of the federal government in Alaska's affairs 12 since statehood reflects a continual disregard of and lack of accountability to the Alaska 13 people and the legislature; and 14 WHEREAS, for years, the state government, the state's delegation to the United 15 States Congress, and the people of the state have turned to the only remaining remedies 16 available to them, to specify in detail, plead with and protest to the federal government, and to 17 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 Senate is sensitive to similar encroachments by the federal 12 government on the rights of other states; and 13 WHEREAS the Senate maintains that Alaskans and the officers, judges, and 14 legislators of the state government are competent to understand the plain language of the 15 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 Senate, conscious of the gravity of the present circumstances, 25 recognizes the importance of working toward measures to restore the proper and intended 26 balance of powers between the states and the federal government; 27 BE IT RESOLVED by the Senate that the Senate Special Committee on Federal 28 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 Senate by January 15, 2016, and by January 15, 2017, 13 containing recommendations concerning how to successfully mobilize state authority in 14 opposition to unconstitutional exercises of federal power, including ordinary legislation, a 15 state convention, venue in state courts, a constitutional amendment convention, and popular 16 referenda, and further recommendations on a plan of concerted action with other states; and 17 be it 18 FURTHER RESOLVED that the membership of the Senate Special Committee on 19 Federal Overreach shall be composed of the President of the Senate, or a legislator selected as 20 the President's designee, serving as the chair of the committee, and four members of the 21 Senate appointed by the President, two of whom shall be members of the minority caucus of 22 the Senate; and be it 23 FURTHER RESOLVED that the Senate Special Committee on Federal Overreach 24 may meet during the interim between legislative sessions, and the chair of the Senate Special 25 Committee on Federal Overreach shall make reasonable efforts to schedule joint meetings, 26 and encourage coordination, with a similar committee of the House of Representatives if one 27 is established; and be it 28 FURTHER RESOLVED that the Senate 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 Senate urges the Governor to form a working
01 group composed of appropriately selected members to establish a publicly or privately funded 02 authority or organization in the state charged with the mission of restoring the constitutional 03 division of powers between the state and federal governments, to coordinate and confer with 04 the Senate Special Committee on Federal Overreach and a similar committee of the House of 05 Representatives, should a House committee be established, and work to contribute to the 06 development of a national network of similar organizations for coordinating and compiling 07 plans, research, and information, and that will serve as a resource to the State of Alaska; and 08 be it 09 FURTHER RESOLVED that the Senate Special Committee on Federal Overreach 10 terminates on January 15, 2017.