Legislature(1997 - 1998)
03/19/1997 05:13 PM House RLS
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HJR 14 - SUPPORT AMERICAN LAND SOVEREIGNTY ACT Number 010 CHAIRMAN KOTT announced the first order of business would be HJR 14, Relating to supporting the "American Land Sovereignty Protection Act." He noted there was a proposed committee substitute. REPRESENTATIVE GAIL PHILLIPS made a motion to adopt CSHJR 14(RLS). Hearing no objection, CSHJR 14(RLS) was adopted. MYRNA MCGHIE, Legislative Administrative Assistant to Representative Jeannette James, Alaska State Legislature, came forward to explain the committee substitute. She informed the committee there was a constituent who had concern that there would be the perception that this resolution would give the federal government control over lands in Alaska. She said they wanted to make a change on page 3, line 3, to read "elected representatives of the people over federally owned land of the United States." The word "land" would be deleted and "federally owned lands" would be inserted. CHAIRMAN KOTT asked if the change is from "land" to "lands." MS. MCGHIE said somebody inserted "the land." That should be deleted and "federally owned lands" should be inserted and not "federally owned land." She said she doesn't really think it matters whether it is "lands" or "land." Number 174 CHAIRMAN KOTT said as he understands the change from the previous version of the bill the term "federally" was included. It wasn't in the State Affairs Committee version. He also noted it was not in the B Version of the bill. Chairman Kott said he doesn't have a problem with making the word land plural. He asked if somebody wanted to make a motion to amend. REPRESENTATIVE KIM ELTON said he wasn't going to make a motion. He noted as a former editor, he believes the word "land" is correct. CHAIRMAN KOTT said he tends to agree with Representative Elton. He asked Ms. McGhie what the resolution does. MS. MCGHIE explained the resolution is to support HR 901, which Congressman Young introduced in the 105th Congress, to protect the sovereignty of American lands, the American Land Sovereignty Protection Act. There had been a concern that there would be international interference in making decisions on domestic lands. Number 397 PAUL WEIR testified via teleconference from Glennallen. He told the committee he supported Representative James' bill. Number 435 JON BREIVOGEL testified via teleconference from Glennallen. He said even though he agrees with the initiative and the idea, we need to be careful that we don't admit that we don't have sovereignty by this bill and imply that we need something else besides our constitution to own our own land. Mr. Breivogel said he would like people to consider that because basically what were saying is we don't currently have the protection in existence to maintain sovereignty over our own land. Number 515 DENNY WEATHERS testified via teleconference from Cordova. She said she appreciates the committee hearing, but she finds that HJR 14 is unnecessary and unconstitutional according to the United States Constitution. Ms. Weathers referred to Article 1, Section 8, "The Congress shall have the power 1 through 18." In subsection 17, it defines what areas the United States has power over. She said, "To exercise exclusive legislation over districts, such as the District of Columbia or territories, and the lands ceded to the United States by particular states such as the erection of forts, magazines, arsenals, our dockyards and other needful buildings, please note that nowhere in Article 1 does it give the President of (indisc.), the President has power." MS. WEATHERS continued, "Article 2, Executive powers. Section 1, subsection 7, `Before entering into office, the President had to take an oath to preserve, protect and defend the Constitution of the United States.' This he has not done and the Alaska state legislature should be asking for his impeachment." MS. WEATHERS said, "Article 2, Executive powers, Section 2, subsection 2, `The President shall have the power, by and with the advice and consent of Senate, to make treaties, provided two-thirds of the senators present concur.'" She said the President, to the best of her knowledge, did not have the Senate's consent. She said it is the legislature's duty to request his impeachment. MS. WEATHERS informed the committee the President's powers for Congress are limited to vetoing laws, he may call special sessions, send Congress messages through the Union Address or a party leader, and he may suggest legislation. His judiciary powers are also limited to nominating judges and he is also allowed to pardon and give reprieves for federal offenses only. That is why Article 4, section 4, was included in the Constitution guaranteeing every state in the union a Republican form of government. She said this is the check and balance system, we do not have a dictatorship. MS. WEATHERS explained Amendment 10 reinforces the above stated articles. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people. The state's rights are protected and the state legislature is charged with a duty to uphold our rights. MS. WEATHERS said some findings have been found. Other than these specifically delegated powers, the Congress has absolutely no power of the citizens of the 50 states. It may not assume powers not specifically granted to it by the people. She said these powers were delegated only to Congress and not to the Executive Branch of the United States. Number 718 MS. WEATHERS said Title 18 is the United States Code. Section 7 specifies that the territory jurisdiction of the United States extends only outside the boundaries of lands belonging to the United States. MS. WEATHERS said she would like the committee to check into U.S. v. Spelar, 338 U.S. 217 at 222, which reads, "There is a canon of legislation construction which teaches Congress that unless a contrary intent appears, legislation is meant to apply only within the territory jurisdiction of the United States." She asked Chairman Kott to please provide her with the document granting federal jurisdiction inside the boundaries of the state of Alaska. She said the documents can be sent through the Cordova Legislative Information Office. MS. WEATHERS asked the committee to remember that any laws, statutes, regulations or (indisc.) that is not granted by the Constitution is null and void. She said, "As stated in 1992 by the supreme court decision New York v. United States, Supreme Court Justice Sandra Day O'Connor stated, `Congress exercises its confirmed powers subject to the limitation contained in the Constitution. If a state ratifies or gives consent to any authority which is not specifically granted by the Constitution of the United States, it is null and void.' State officials cannot consent to enlargement of the power that Congress (indisc.) enumerated in the Constitution, and this was based on a supreme court decision." She thanked the committee for being concerned about the issues. Number 881 ERIC WEATHERS was next to testify via teleconference. He said he doesn't believe a resolution is needed. Under the Constitution, not even Congress has the right to make treaties with foreign nations or the United Nations pertaining to the land within the United States. If they do, they must be impeached or removed from the country. Mr. Weathers said the people have no reason or obligation to recognize any foreign agreements or treaties made within the United States. He thanked the committee for listening to him. Number 924 PATRICK DALTON testified via teleconference from Delta Junction. He asked what is going on in our country today if we have to make laws that guarantee us rights which are already guaranteed within the Constitution. World government seems to be gobbling up state land through (indisc.) agreements and environmental legislation. Mr. Dalton said these things are clearly unconstitutional. He stated the legislature needs to be adamant about this and not only on HJR 14, but also other areas where we're losing our constitutional rights. Number 1011 LEONARD EFTA was next to testify, via teleconference, from Kenai in opposition to HJR 14. Mr. Efta said the American Land Sovereignty Protection Act is not necessary. If the U.S. Senate ratified a treaty that has given foreign power control over any part of this country, then that treaty should be null and void. The legislature should see that it is cancelled. He thanked the committee for listening to his testimony. Number 1050 SUSAN ROSS testified via teleconference. She said she agrees with Mr. Efta's testimony. The Constitution stands on its own. She said she doesn't see where HJR 14 is going to add or detract from that. All it needs to do is be enforced, be acknowledged and people need to stand firm behind their (indisc.) through the Constitution, whether they're a federal, state or local elected officials. She said the resolution does add credibility to the discussion that in fact we are pressured sometimes by the federal documents that does (indisc.) our sovereignty. She thanked the committee for allowing her to testify. Number 1107 CHAIRMAN KOTT closed the public hearing. Number 1121 REPRESENTATIVE PHILLIPS said she believes there is a great need for HJR 14 and said she would urge the members of the House to support it. Part of her concern on the issue stems from the national meetings that she has attended with the Western States Coalition, the Energy Council and several other national groups of legislative bodies that are very very concerned over the action taken at the Rio Conference on this biosphere reserve issue, whereby the Rio Conference adopted a policy that would supersede the constitutions of every nation where these biosphere lands would be set aside. She said she is pleased that Congressman Young introduced the resolution. It is very important for us, as the state of Alaska, to back up his position on this and say that at no point in time can any nation be subject to an international treaty without the explicit agreement and permission of Congress and the legislative body of that nation. Number 1211 CHAIRMAN KOTT said he agrees with Representative Phillips. He said he believes Congressman Young's HR 901 goes a long ways to facilitate discussion as to whether or not the chief executive can enter into a treaty without the Senate ratifying it. There seems to be some appearance that oftentimes he is able to circumvent the entire congressional senatorial process by virtual use of executive agreements. Chairman Kott said what is being done with HJR 14 is supporting Congressman Young and his efforts to ensure that that particular right remains with Congress. Number 1260 REPRESENTATIVE BILL WILLIAMS moved and asked unanimous consent to move CSHJR 14(RLS) forward for calendaring, with individual recommendations and a zero fiscal note. CHAIRMAN KOTT asked if there was an objection. REPRESENTATIVE ELTON objected. A roll call vote was taken. Representatives Vezey, Phillips, Williams and Kott voted in favor of the motion. Representative Elton voted against the motion. CHAIRMAN KOTT announced CSHJR 14(RLS) moved forward for calendaring.
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