HCR 14: Relating to the sovereignty of the State of Alaska and the sovereign right of the State of Alaska to manage the natural resources of Alaska.
00 HOUSE CONCURRENT RESOLUTION NO. 14 01 Relating to the sovereignty of the State of Alaska and the sovereign right of the State of 02 Alaska to manage the natural resources of Alaska. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 WHEREAS the State of Alaska is a sovereign state within the United States of 05 America, having entered the United States under the Alaska Statehood Act, which provides 06 that Alaska is a sovereign state of the United States on an equal footing with all other states; 07 and 08 WHEREAS the Alaska statehood compact guarantees that Alaska has the exclusive 09 authority to manage its fish and wildlife resources and that all submerged lands and fish are 10 the exclusive property of the State of Alaska; and 11 WHEREAS art. I, sec. 1, Constitution of the State of Alaska, declares that "all 12 persons are equal and entitled to equal rights, opportunities, and protection under the law"; 13 and 14 WHEREAS art. VIII, sec. 3, Constitution of the State of Alaska, provides that the fish 15 and wildlife resources in Alaska are reserved to the people for common use; and 16 WHEREAS art. VIII, sec. 3, Constitution of the State of Alaska, incorporates the
01 public trust principles that require that all Alaskans, as beneficiaries of the public trust, be 02 treated impartially and without preference with regard to the use of assets of the public trust; 03 and 04 WHEREAS it is in the best interest of all Alaskans that the replenishable resources of 05 the state be biologically managed by the State of Alaska for abundance; and 06 WHEREAS the Constitution of the State of Alaska prohibits special privileges and 07 preferential allocations of natural resources based on race, color, creed, sex, national origin, or 08 residency; and 09 WHEREAS the United States Supreme Court in New York v. United States, 505 U.S. 10 144 (1992), ruled that the task of ascertaining the constitutional line between federal and state 11 power has given rise to many of the court's most celebrated cases and that, in those cases, the 12 division of authority between the federal government and the state requires specific inquiry 13 into whether a power exercised by the Congress has been given to the Congress in the 14 Constitution of the United States or whether the power is one that the Tenth Amendment to 15 the Constitution of the United States expressly reserves for the states; stated if a power is an 16 attribute of state sovereignty reserved by the Tenth Amendment to the Constitution of the 17 United States, it is necessarily a power that the Constitution of the United States did not 18 confer upon the Congress; and, specifically, found that "The question is not what power the 19 Federal Government ought to have, but what powers in fact have been given by the people"; 20 and 21 WHEREAS the United States Supreme Court in United States v. Alaska, 521 U.S. 1 22 (1997), stated that the Alaska Statehood Act expressly provides that the Submerged Lands 23 Act applies to Alaska and that Alaska is entitled to ownership of submerged lands under the 24 equal footing doctrine and the Submerged Lands Act; and 25 WHEREAS ownership of submerged lands carries with it the power to control fishing 26 and other public uses of submerged lands and the superjacent waters, which is an essential 27 attribute of state sovereignty; and 28 WHEREAS the United States Supreme Court in Printz v. United States, 521 U.S. 898 29 (1997), ruled that the Constitution of the United States established a system of dual 30 sovereignty that bestows only discrete enumerated powers on the Congress, that all other 31 powers not delegated to the federal government by the Constitution of the United States are
01 reserved to the states or to the people, and that the Constitution of the United States does not 02 confer upon the Congress the power to regulate state governments, the power to require a 03 state to legislate in accordance with the direction of the Congress, or the power to compel a 04 state to implement administrative action; and 05 WHEREAS the supremacy clause makes the "law of the land" only those laws of the 06 United States that are made under and in conformity with the Constitution of the United 07 States; and 08 WHEREAS a legitimate dispute exists between the State of Alaska and the Congress 09 as to whether the Congress may require the State of Alaska to violate its own constitution; as 10 to whether the Congress of the United States has the authority to enact legislation that 11 authorizes federal agencies to manage or allocate submerged lands, fish, and wildlife in the 12 state by providing discriminatory allocation of the state's resources; and as to whether the 13 provisions of the Alaska National Interest Lands Conservation Act violate the sovereignty of 14 the State of Alaska and the Constitution of the United States; 15 BE IT RESOLVED that the Alaska State Legislature finds that a legitimate dispute 16 exists between the State of Alaska and the United States Congress as to whether the United 17 States Congress may interfere with state management and allocation of the state's resources 18 by mandating that the State of Alaska provide for discriminatory allocation of the state's fish 19 and wildlife resources, and as to whether the Congress may empower agencies of the federal 20 government to manage the resources of the sovereign State of Alaska and authorize the 21 discriminatory allocation of those resources; and be it 22 FURTHER RESOLVED that the Alaska State Legislature declares that it is the duty 23 of the Alaska State Legislature, the Governor of the State of Alaska, and each elected official 24 to uphold and defend the Constitution of the State of Alaska and the sovereignty of the State 25 of Alaska; and be it 26 FURTHER RESOLVED that the Alaska State Legislature finds that it is necessary to 27 defend the sovereignty of the State of Alaska by taking this dispute between the State of 28 Alaska and the Congress directly to the United States Supreme Court for final resolution; and 29 be it 30 FURTHER RESOLVED that the Alaska State Legislature respectfully requests 31 Governor Sarah Palin, on behalf of the State of Alaska, to take all measures necessary to
01 achieve final resolution of this dispute.