Legislature(2015 - 2016)BUTROVICH 205
03/19/2015 09:00 AM STATE AFFAIRS
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|Alaska Commercial Fisheries Entry Commission|
|Alaska Public Offices Commission|
|Commissioner, Department of Transportation and Public Facilities|
|Lieutenant Governor Successor|
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SJR 15-CALL FOR US COUNTERMAND CONVENTION SCR 4-US COUNTERMAND CONVENTION DELEGATES 10:43:00 AM CHAIR STOLTZE [announced that the last order of business would be a hearing on both SENATE JOINT RESOLUTION NO. 15, Making application to the United States Congress to call a convention of the states to propose a countermand amendment to the Constitution of the United States as provided under art. V, Constitution of the United States; and urging the legislatures of the other 49 states to make the same application; and SENATE CONCURRENT RESOLUTION NO. 4, Relating to the duties of delegates selected by the legislature to attend a convention of the states called under art. V, Constitution of the United States, to consider a countermand amendment to the Constitution of the United States; establishing as a joint committee of the legislature the Delegate Credential Committee and relating to the duties of the committee; providing for an oath for delegates and alternates to a countermand amendment convention; providing for a chair and assistant chair of the state's countermand amendment delegation; providing for the duties of the chair and assistant chair; providing instructions for the selection of a convention president; and providing specific language for the countermand amendment on which the state's convention delegates are authorized by the legislature to vote to approve]. 10:43:49 AM CHARLES KACPROWICZ, Executive Director, Citizen Initiatives, indicated that his organization has been promoting the advancement of legislation [such as SJR 15 and SCR 4 - together addressing an application by the State of Alaska] to pursue a constitutional convention under powers granted by Article V of the Constitution of the United States - in several states for the purpose of getting what he called a "countermand amendment" added to the Constitution of the United States; and offered his understanding that there are "eighteen states with sponsors," and that nine states have either filed or are in the process filing [such legislation]. He expressed his hope that [if such legislation passes, and a constitutional convention addressing the proposed countermand amendment is convened, and ratification of the proposed change to the Constitution of the United States occurs, then] states in disagreement with particular federal laws could start seeking repeal/nullification of those laws by late 2016. He offered his beliefs that it is Article V of the Constitution of the United States itself that would prohibit such a constitutional convention from addressing anything other than amendments to the Constitution of the United States, and that a countermand amendment to the Constitution of the United States offers legislatures the best hope of restoring what he called, "our constitutional republic." MR. KACPROWICZ offered his understanding that should such a countermand amendment to the Constitution of the United States be ratified, then any 30 states could seek to nullify any federal law - including those engendered by United States Supreme Court rulings - or any constitutional right, whether enumerated or not; and that any such nullification would be in effect immediately. In conclusion, he offered his belief that ratification of a countermand amendment to the Constitution of the United States would create a balance of power between the states and the federal government, and that there would be no limit to how the countermand amendment could be applied as long as 30 states agreed to the particular application of it. 10:52:28 AM MIKE COONS, National and State Director, Citizen Initiatives, referencing some federal laws as example, offered his belief that if a countermand amendment to the Constitution of the United States [such as that proposed via SJR 15 and SCR 4] is ratified, any federal law that is nullified by the states could simply be rewritten by Congress to better comport with what the states that nullified it want. CHAIR STOLTZE announced that SJR 15 and SCR 4 would be held in committee.