HJR 27 STATE SOVEREIGNTY  3:42:47 PM CO-CHAIR WIELECHOWSKI announced HJR 27 to be up for consideration. [CSHJR 27(RES) was before the committee.] CO-CHAIR MCGUIRE moved to adopt SCS CSHJR 27(RES), labeled 26- LS0760\E, for discussion. There was no objection and version E was adopted. DEREK MILLER, staff to Representative Kelly, explained that the committee substitute simply deletes one of the resolved clauses on page 2, lines 17-19, in the previous version [/R]. SENATOR FRENCH asked if it had a hearing. CO-CHAIR WIELECHOWSKI answered yes. SENATOR FRENCH asked where the idea on page 1, lines 8-9, came from. It says: "The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states." He remarked that was a concept of federalism that he had never considered before. MR. MILLER explained this language came from other resolutions in other legislatures and emphasizes that the federal government is an agent of the states and not vice versa. SENATOR FRENCH said that is a fairly novel assumption. SENATOR HUGGINS said if you read "The Federalist Papers" you can come to this conclusion. 3:46:17 PM SENATOR FRENCH said he would look into it, and asked him if he could help him find examples of people who had this interpretation. 3:47:26 PM BOB BIRD, teacher, said he has taught social studies, history and constitutional law in both the secondary and collegiate levels for 35 years. He said Federalist 45 was written by James Madison and he specifically said that the federal government's powers are few and defined, and they are limited to what is in Article 1, Section 8 of The Federalist Papers. He explained that the Bill of Rights is really misnamed; they should be called the Bill of Limitations. Its Preamble basically says a number of the states conventions, concerned that the Constitution would be misinterpreted, wanted further restrictive clauses added, which was the entire intent of the Twenty-seventh Amendment. He said the entire purpose of the first ten amendments, called the Bill of Rights, is to restrict, and declares that the federal government is expected to have a strict interpretation of the Constitution. The impasse that lawyers can't get past is that the Ninth and Tenth Amendments tell people how the Constitution is to be interpreted - loosely and in regards to individual rights and strictly in regards to the federal government's powers. An early 20th Century Supreme Court opinion dismisses the Tenth Amendment as irrelevant to what they will consider. 3:52:08 PM LYNETTE CLARK, Chair, Alaskan Independence Party, supported HJR 27. It is the most important document she has seen in years, and releases the state from the burden of federal resources control. She specifically liked lines 6-7 on page 1 that says: "Whereas the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more;". 3:54:36 PM JIM FLOYD, Tok, supported HJR 27. A lot of people view the government of Alaska as the last line of defense in the public's perception of moving towards tyranny or a general breakdown in social order. He said Congress threatened martial law during the bail out, and there have been mass gun confiscations during Hurricane Katrina and more recently in Kentucky without any accountability. Attempts have been made to federalize police and compulsory national service has been discussed. With mass unemployment, the general public confidence in the federal government seems to be rather low, he said. 3:57:29 PM He thanked Senator Huggins for his service to the state and defense of the Constitutions of American and Alaska. CO-CHAIR WIELECHOWSKI closed public testimony. 3:58:10 PM CO-CHAIR MCGUIRE moved to report SCS for CS for HJR 27 from committee with individual recommendations and attached fiscal note(s). There being no objection, SCS CSHJR 27(RES), 26-LS- 0760\E, moved from committee.