Legislature(2013 - 2014)BUTROVICH 205
03/06/2014 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SJR23 | |
| Confirmation Hearings | |
| SJR18 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SJR 23 | TELECONFERENCED | |
| += | SJR 18 | TELECONFERENCED | |
| *+ | SB 149 | TELECONFERENCED | |
| + | TELECONFERENCED |
SJR 18-FEDERAL CONSTITUTIONAL CONVENTION
10:02:31 AM
CHAIR DYSON announced that the committee will take up SJR 18.
10:04:29 AM
TYLER BELK, Staff, Senator Dyson, Alaska State Legislature,
Juneau, Alaska, inferred that the committee was addressing a
resolution that looks at one of the great documents in human
history, the United States Constitution. He said the Convention
of States (COS) is a means to examine and amend the Constitution
without putting the document's entirety and integrity at risk.
He asserted that COS is a great opportunity to operate without
ramification and the possibilities are endless. He pointed out
that COS is non-partisan and topic-based. He said the "will of
the time" will determine what is covered in the COS. He set
forth that a COS will be a monumental occasion in United States
history that looks at something that essentially binds the
country.
10:06:01 AM
CHAIR DYSON stated that it is often very difficult for change to
come from any bureaucracy and the process often takes some
outside action to overcome the institutional inertia. He said it
appears to him that the Founding Fathers recognized the
bureaucratic process and wanted to have a way for the citizens
to initiate and affect the possibility to change the
Constitution. He pointed out that SJR 18 is a first step to get
Alaska in the queue of states that are considering calling for a
COS and there will be several steps pertaining to rules,
delegation selection, delegation discipline, topic limitations,
topic agreement, and COS ratification by two thirds of the
states prior to going on a ballot. He set forth that the COS is
a very complicated process. He pointed out that the individuals
working on the COS have been very careful about the process and
noted that most objections have been dealt with in a credible
way.
10:07:54 AM
ROBERT KELLY, Staff Council, Convention of States Project,
Citizens for Self-Governance, Purcellville, Virginia.
CHAIR DYSON asked if there were three or four groups across the
nation that are working somewhat in parallel on COS. He asked if
Mr. Kelly to specify what his organization does.
10:08:31 AM
MR. KELLY replied that he represents Citizens for Self-
Governance and the organization sponsors the Convention of
States Project (COSP). He said COSP is arguing for an Article V
Convention that specifies a particular set of topics for the COS
to cover.
He said there are three different approaches from a legislative
standpoint on how an Article V Convention can be run:
1. COS could be run as an unlimited convention, effectively
allowing the COS to consider any sort of issue determined
to be in the best interest of the American people. He
pointed out that an unlimited COS is not the best approach
because the COS needs guidance and limitations to ensure
the process stays within proper Constitutional boundaries.
2. Set out a specific topic or set of topics, allowing the COS
some discretion to consider exactly how to propose
solutions and word amendments; however, it also keeps it
closely within certain boundaries and that's the approach
COSP is taking.
3. Hold the COS to propose specific amendments and layout in
advance the amendments that the COS can propose; that
really limits the discretion of the COS.
He reiterated that COSP's approach in SJR 18 is in the middle
realm by setting out a set of topics that the COS has to adhere
to, but allows the COS some discretion to propose a number of
amendments within those topics. He explained that the topics in
in SJR 18 are:
1. Place fiscal restraints on the federal government.
2. Limit the power and jurisdiction of the federal government.
3. Impose term limits on federal officials and members of
congress.
MR. KELLY said COSP believes the use of set-topics is the best
approach because COS will have the ability to address the
problem of federal overreach as a whole and allow for a
"holistic" solution to massive imbalance of power in the federal
government; a COS limited to a single isolated amendment cannot
do that. He explained that COSP likes the idea of a balanced
budget amendment, but passing one in the current federal
political climate is likely to result in a massive tax hike. He
set forth that COSP believes a better approach is to allow the
COS to consider the problem as a whole, to consider it as a
topic, and to allow the COS to formulate exactly what amendments
will address a problem; for example, federal overreach. He noted
that the topic-based approach was the approach the Founding
Fathers used for the vast majority of the 32 conventions that
they held in the years leading up to the adoption of the
Constitution.
10:11:33 AM
SENATOR WIELECHOWSKI noting seeing some commentary from law
professors that there is some question as to whether or not a
COS could be limited to specific items in the resolution; in
other words, once you got there, anything would be opened. He
asked if there was legal precedent that would address the
concerns the anything would be opened.
MR. KELLY replied that the Supreme Court has never had an
opportunity to address the legal question that Senator
Wielechowski presented for an Article V Convention. He pointed
out that there is an extensive set of historical practice, both
by the Founding Fathers and by Americans since the founding. The
Founding Fathers themselves held at least 32 conventions
themselves in the 100 years leading up to the adoption of the
Constitution. He noted having records of at least four
conventions since the founding. He said in the vast majority of
the conventions, the Founding Fathers and the individuals who
held conventions after the founding, a specific topic for the
COS had been set out to consider and that was the backdrop
against which the Founding Fathers were adding the provision to
the Constitution and the Founding Fathers limited their COS to
specific topics and stayed within boundaries. He asserted that
from a historical record that it is clear that an Article V
Convention could also be limited within specific topics.
CHAIR DYSON announced that SJR 18 will be held in committee and
asked that Mr. Kelly call back to testify at the next meeting.
MR. KELLY confirmed that he will be available for the next
hearing for SJR 18.
10:14:10 AM
ZABRINA BYFUGLIEN, Student, Tri-Valley High School, Healy,
Alaska, stated that she supports SJR 18 and the COS in order to
address federal overreach.
10:16:46 AM
MADISON OWEN, Student, Tri-Valley High School, Healy, Alaska,
stated that she supports SJR 18 and noted that the COS is not a
partisan issue and ultimately returns the Constitution to the
Founding Father's original intentions.
10:19:23 AM
ISABELLA SAXE, Student, Tri-Valley High School, Healy, Alaska,
said she supports SJR 18 due to the federal government
overstepping its bounds. She addressed fears for a "runaway" COS
and noted that checks are in place to prevent a runaway
scenario.
10:22:25 AM
NICOLE MCMASTER, Student, Tri-Valley High School, Healy, Alaska,
said she supports SJR 18 due to the federal government's
overreach and continued debt spending.
10:24:50 AM
CHAIR DYSON commended the students for their testimony. He noted
that his staff member that presented SJR 18 is an intern and
encouraged the Healy students to pursue their interests in
government.
SENATOR GIESSEL thanked the students for their testimony and
noted her appreciation for their knowledge of American history
and critical thinking skills. She remarked that the students'
testimony provide her with hope for the next generation.
10:26:31 AM
DAVID EICHLER, State Director, Convention of States Project,
North Pole, Alaska, said he supports SJR 18 and its intent to
enact limitations on the federal government.
CHAIR DYSON remarked that the process for a COS is going to be a
long fight. He surmised that the process to have a COS will take
three years or longer. He encouraged volunteers like Mr. Eichler
to continue their commitment for a COS and not to quit.
SENATOR COGHILL noted the case brought forward by the Healy
students was articulate and emphasized the need for SJR 18 to
keep pressure on the federal government to have a discussion on
having a COS to deal with the national debt. He remarked that
the students pointed out that they already owed for a debt that
had been left to them and future generations.
10:29:07 AM
CHAIR DYSON announced that the committee will reconvene [SJR 18
was held until the next committee meeting.]
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