20090219

19FEB09 Reponses from our politicians

Tuesday I spent a lot of time calling as per the blog entry on 16FEB09. Good responses from the offices that had people answering... Too many machines!

Earlier, I'd emailed Senator Theriault:

Dear Senator Therriault,

I've just heard about some of New Hampshire's legislature's members proposing the following resolution based on Jefferson and Madison's Kentucky Resolutions of 1798:

“That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or person who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of the General Court; and

That any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America. Acts which would cause such a nullification include, but are not limited to:

I. Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.

II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.

III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.

IV. Surrendering any power delegated or not delegated to any corporation or foreign government.

V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.

VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; and

That should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several States individually. Any future government of the United States of America shall require ratification of three quarters of the States seeking to form a government of the United States of America and shall not be binding upon any State not seeking to form such a government; and

That copies of this resolution be transmitted by the house clerk to the President of the United States, each member of the United States Congress, and the presiding officers of each State’s legislature.”

Unfortunately in these times with US House ruminating over House Resolution 45 imposing further licensing over firearms sales and transfers threatens the personal freedoms of not only gun owners, but every American. Thats just one issue, it threatens the States ability to determine laws within their own borders over issues ranging from freedom of speech to freedom of religion in regard to determining marriage.

I believe its time for Alaska to join New Hampshire, Montana, and other States in considering sending the message to the US Congress that they serve us and not the US Federal Government. Its time to remind the US Federal Government that the Constitution limits the powers of the Federal Government and that States have the right to determine their fate within reason and within the same limitations of the Constitution of the United States and the Bill of Rights.

Thank you,

Michael "Sudsy" Sutherland



He responded:

Dear Michael,

Thank you for contacting my office to express your desire for the State of Alaska to join a growing number of Lower 48 states in introducing legislation reaffirming the United States Constitution's declaration of state sovereignty under the 9th and 10th Amendments.

The continual struggle between state and federal power is an integral part America's history dating back to the Declaration of Independence, Revolutionary War, and Constitutional Convention. This struggle culminated in the American Civil War, where the federal government's supremacy was permanently established in American jurisprudence. Over the past 8 years, our nation has seen a rapid and troubling expansion of federal power beyond the Constitution's enumerated powers courtesy of the Patriot Act, No Child Left Behind, Real ID, and legislating through federal court decisions. For many Americans, the financial industry bailout and passage of the American Recovery and Reinvestment Act represented the final straw in the fight to preserve our country's republican principles.

In response to this expanding federal prerogative, state legislatures are introducing bills and resolutions reaffirming their constitutionally protected sovereign right to preside over affairs not specifically enumerated in the Constitution. I have received many emails and calls from constituents expressing concern over the federal government's encroachment into affairs traditionally in the jurisdiction of states and individual citizens. I assure you I share your concerns and am working to protect and restore the Founding Fathers' vision of federalism as a co-equal relationship between state and federal power.

During the 25th Alaska Legislature, I worked with members on both sides of the aisle to help pass HJR 19 "Encouraging repeal of the Real ID Act of 2005" and SB 202 "Prohibit State Spending for the Real ID Act." This year I introduced Senate Joint Resolution SJR 6 which calls for Congress to reject House Resolution HR 45. If passed, HR 45 would make it a felony to possess clip fed handguns or semi-automatic rifles without a federal license. In addition, it would be a felony to fail to report the transfer of a firearm, to transfer a firearm to a non-licensed individual, or failure to report the loss or theft of a firearm within 72 hours.

In addition to SJR 6, I am co-sponsor to Senate Concurrent Resolution SCR 3 sponsored by Senator Con Bunde. SCR 3 encourages the Governor of Alaska, under the authority of the Equal Footing Doctrine, Alaska Statehood Act, and the Alaska Submerged Lands Act, to reassert Alaska's sovereign right to manage the submerged land of its navigable waters. It also requests the Governor to use all available legal resources to resist efforts by federal agencies, like the National Park Service, that impose regulations and permits stripping Alaska of its sovereign right to manage its own resources.

Thank you again for contacting my office. After decades of growing federal encroachment, Americans are starting to push back and demand a return to a "government for the people, by the people, and of the people." I support these efforts and will continue to introduce and sponsor legislation that restores our republican and federalist principles. I am currently working with like-minded legislators considering the introduction of legislation similar to those considered in other states.

Sincerely,

Gene Therriault
Senate District F


That gives me a warm fuzzy that someone is paying attention!

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