HCR 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.
00 HOUSE CONCURRENT RESOLUTION NO. 4 01 Relating to the duties of delegates selected by the legislature to attend a convention of 02 the states called under art. V, Constitution of the United States, to consider a 03 countermand amendment to the Constitution of the United States; establishing as a joint 04 committee of the legislature the Delegate Credential Committee and relating to the 05 duties of the committee; providing for an oath for delegates and alternates to a 06 countermand amendment convention; providing for a chair and assistant chair of the 07 state's countermand amendment delegation; providing for the duties of the chair and 08 assistant chair; providing instructions for the selection of a convention president; and 09 providing specific language for the countermand amendment on which the state's 10 convention delegates are authorized by the legislature to vote to approve. 11 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 WHEREAS, under the authority of art. V, Constitution of the United States, the 13 legislature has applied to the United States Congress to call a convention of the states to
01 amend the United States Constitution and adopt a countermand amendment to authorize the 02 states, upon a vote of three-fifths of the state legislatures, to nullify and repeal a federal 03 statute, executive order, judicial decision, regulatory decision by a federal government 04 agency, or government mandate imposed on the states by law that adversely affects the 05 interests of the states, in order to properly exercise the states' constitutional authority to check 06 federal power, preserve state sovereignty, and protect the rights of the states and the people; 07 and 08 WHEREAS, to prepare for approval by the United States Congress of a constitutional 09 countermand amendment convention called by two-thirds of the states under art. V, 10 Constitution of the United States, for the limited purpose of amending the Constitution of the 11 United States to include a countermand amendment, the legislature finds it necessary to 12 provide for a selection process for and the duties of delegates and alternates to the convention, 13 to provide for a state convention delegation chair, and to provide the specific language of the 14 countermand amendment on which the legislature authorizes the convention delegates to vote, 15 so that the countermand amendment may be sent to the states for ratification by the 16 legislatures of two-thirds of the several states; and 17 WHEREAS the delegates sent by the legislature to the countermand amendment 18 convention are representatives of the legislature and are thus required to fulfill the 19 commission assigned to them in this resolution; delegates appointed under this resolution are 20 not free agents; they are authorized only to complete the terms and conditions defined in this 21 resolution, and any actions by the delegates appointed under this resolution that are not 22 authorized in the resolution, or as amended and authorized by the legislature, are ultra vires 23 and may not be relied on by delegates from other states or by the convention; and 24 WHEREAS the legislature hereby defines the duties and limits the authority of its 25 delegates to the convention as specifically provided by this resolution; 26 BE IT RESOLVED that the legislature authorizes delegates to be summoned and 27 appointed to participate at the convened convention according to the terms and conditions set 28 out in this resolution; and be it 29 FURTHER RESOLVED that the number and qualifications of delegates to be sent to 30 the convened convention will be decided by the legislature after the United States Congress 31 summons delegates to the convention; and be it
01 FURTHER RESOLVED that the legislature may add to the number of delegates or 02 replace or remove any delegate or alternate if, in its sole discretion, that action is necessary; 03 alternates do not have an official role at the convention and may attend the convention only if 04 the state delegations at the convention vote to allow their attendance or the legislature 05 appoints an alternate to take the place of a delegate; and be it 06 FURTHER RESOLVED that the legislature hereby instructs and authorizes the 07 state's delegates to the convention to vote to send the countermand amendment, as provided in 08 sec. E of this resolution, back to the states for ratification by way of the United States 09 Congress; delegates are prohibited to vote in favor of any alternate amendment or modified 10 version of the countermand amendment that might be introduced at the convention, and they 11 are hereby instructed to do all in their power at the convention to secure a vote that approves 12 sending the countermand amendment back to the states for ratification; and be it 13 FURTHER RESOLVED that only the countermand amendment, as provided in sec. 14 E of this resolution, will be considered by the legislature for ratification; and be it 15 FURTHER RESOLVED that, upon the enactment of this resolution and after a total 16 of 34 states place a call under art. V, Constitution of the United States, for a countermand 17 convention, the Speaker of the House of Representatives shall appoint three members of the 18 House of Representatives, with one member being from the minority caucus, as provided by 19 Rule 1(e), Uniform Rules of the Alaska State Legislature, and the President of the Senate shall 20 appoint three members of the Senate, with one member being from the minority caucus, as 21 provided by Rule 1(e), Uniform Rules of the Alaska State Legislature, to the Delegate 22 Credential Committee; the committee shall have the responsibility and requisite authority to 23 perform each of its assigned duties described in sec. A of this resolution; and be it 24 FURTHER RESOLVED that a vacancy on the Delegate Credential Committee shall 25 be filled in the manner of the original appointment; and be it 26 FURTHER RESOLVED that the representatives on the Delegate Credential 27 Committee shall select one co-chair from the representative members, and the senators on the 28 Delegate Credential Committee shall select one co-chair from the senator members; and the 29 co-chairs may assign staff to provide support for the Delegate Credential Committee; and be it 30 FURTHER RESOLVED that the Delegate Credential Committee may meet during 31 and between legislative sessions; and be it
01 FURTHER RESOLVED that the Delegate Credential Committee shall continue until 02 the first day of the First Regular Session of the Thirtieth Alaska State Legislature; and be it 03 FURTHER RESOLVED that the reestablishment of the Delegate Credential 04 Committee shall be evaluated during the First Regular Session of the Thirtieth Alaska State 05 Legislature; and be it 06 FURTHER RESOLVED that members of the Delegate Credential Committee can be 07 replaced or removed by the presiding officer appointing them, if, in the sole discretion of the 08 presiding officer, that action is necessary; each member of the committee is required to take 09 the following oath, administered by the presiding officer of the House of Representatives or 10 Senate, and sign a pledge confirming that the following oath has been taken and agreed to: "I 11 pledge to follow the instructions and charges in this resolution and any other directives given 12 to me by the Alaska State Legislature from the date I am appointed to the committee and 13 during the full term of the convention, to the best of my abilities, so help me God."; and be it 14 FURTHER RESOLVED that the members of the Delegate Credential Committee 15 shall follow the directives in this resolution and any supplemental instructions from the 16 legislature; the committee shall have the following duties: 17 SECTION A. DUTIES OF THE DELEGATE CREDENTIAL COMMITTEE. The 18 committee is charged with the following duties: 19 (1) decide all matters among committee members by a vote of a majority of 20 the full membership of the committee; 21 (2) function as the official facilitator for the legislature as required in this 22 resolution; 23 (3) appoint delegates, subject to approval by the legislature, to the convention 24 and, within 10 business days after appointment, provide a committee report of the 25 appointment to the house chief clerk and senate secretary; 26 (4) appoint one delegate to serve as the chair of Alaska's state delegation and 27 another delegate as the assistant chair; 28 (5) issue to each approved delegate and alternate, including the chair and 29 assistant chair, certification that the delegate has satisfactorily 30 (A) met the requisite qualifications established by the legislature; 31 (B) taken the applicable oath in sec. A(8) of this resolution; and
01 (C) confirmed the delegate's oath by signing a separate pledge 02 document; 03 (6) issue to each certified delegate and alternate, including the chair and 04 assistant chair, a convention pass to the convention; 05 (7) notify the legislature of the financial or other needs of the state delegation 06 at the convention; 07 (8) administer the following oaths to the delegates, alternate candidates, chair, 08 or assistant chair before issuing certifications: 09 DELEGATES' AND DELEGATE ALTERNATES' OATHS 10 "I pledge to follow the instructions in this delegate resolution and any other 11 directive consistent with this delegate resolution given to me by the Delegate 12 Credential Committee or the legislature, whether such directive is given to me 13 directly or indirectly, from the time I am certified by the committee to be a 14 delegate or alternate and during the full term of the countermand amendment 15 convention, to the best of my abilities, so help me God." 16 CHAIR AND ASSISTANT CHAIR OF ALASKA'S STATE DELEGATION 17 OATHS 18 "I pledge to follow the instructions in this delegate resolution and any other 19 directive consistent with this delegate resolution given to me by the Delegate 20 Credential Committee or the legislature, whether given to me directly or 21 indirectly, from the time I am certified by the committee to be the chair or 22 assistant chair of Alaska's state delegation and during the full term of the 23 countermand amendment convention, to the best of my abilities, so help me 24 God." 25 (9) monitor the activities of Alaska's state delegation; 26 (10) keep close communications with the chair and assistant chair and provide 27 needed assistance when requested; 28 (11) monitor the activities, deliberations, and all votes by the states at the 29 convention; when possible, inform the chair, assistant chair, and legislature of which states at 30 the convention have enacted a similar resolution for their delegates; 31 (12) make reports, at least quarterly or more frequently if necessary, to the
01 legislature by submitting committee reports to the secretary of the senate and chief clerk of 02 the house of representatives regarding the events at the convention, upcoming events, and 03 progress and prospects for ratification of the countermand amendment by the delegations; 04 make appropriate recommendations to the legislature on actions needed to ensure the 05 favorable vote by the state delegations to send the countermand amendment, as provided in 06 sec. E of this resolution, to the states, by way of the United States Congress, for ratification; 07 (13) the committee may recommend to the legislature removal of a delegate or 08 alternate from all convention activities for a violation of the provisions of this resolution and 09 whether the delegate should have the delegate's credentials invalidated; the committee's 10 recommendation must be approved by the legislature. 11 SECTION B. DUTIES OF CHAIR OF ALASKA'S STATE DELEGATION AND 12 PRESIDENT OF CONVENTION. The chair and assistant chair of Alaska's state delegation 13 are required to follow the directives in this resolution and others that may be issued by the 14 legislature. 15 DUTIES AND RESPONSIBILITIES OF THE CHAIR. The chair is charged with 16 joining with other state delegations to open the convention for business, identifying other state 17 legislatures that have approved a delegate resolution for their delegates, and working with 18 those delegations to find agreement to each of the following: 19 (1) arrange to have at least one delegate from each resolution delegation be the 20 spokesman at every business meeting and roll call at the convention; unless otherwise 21 specified, the chair will be the state delegation's spokesman; 22 (2) distribute to all delegates a pocket-sized copy of the United States 23 Constitution; 24 (3) instruct resolution and non-resolution state delegates of the mandate in art. 25 IV, sec. 4, of the United States Constitution that guarantees to each state a republican form of 26 government, which gives each state equal standing when applying for a convention and when 27 voting at and organizing the convention; 28 (4) work closely with the chairs of all other state delegations to find mutual 29 agreement on the objectives in this resolution; 30 (5) assign to Alaska's delegates the following duties: assign to each delegate a 31 proportionate number of delegates from other state delegations for the purpose of gaining
01 consensus and agreement that the countermand amendment, as herein written, should be sent 02 to the states for ratification; 03 (6) build a consensus between at least 26 state delegations, especially 04 resolution delegations, at the convention to 05 (A) require that each state delegation at the convention has only one 06 vote regardless of the number of delegates in a state delegation or the population of a 07 state as provided by art. IV, sec. 4, of the Constitution of the United States; 08 (B) require a simple majority vote at all roll calls to decide any and all 09 matters brought before the convention, including the question of whether the 10 countermand amendment, as herein written, should be sent to the states for 11 ratification; 12 (C) nominate and install convention officials who come from states 13 that have passed this resolution for their delegates and who agree with sending the 14 countermand amendment, as herein written, to the states for ratification; 15 (D) require a quorum of 26 state delegations before business can be 16 conducted and before a vote can be taken to decide any and all matters that may be 17 presented at the convention; 18 (E) build a consensus of at least 26 state delegations to work together 19 for the mutual goal of sending the countermand amendment, as provided in sec. E of 20 this resolution, back to the states for ratification; 21 (F) work to conclude convention business in 21 days; in no case is the 22 convention to be longer than 180 days, unless the convention votes to extend the 23 termination date by 180 days; no further extensions are to be allowed; 24 (G) if possible, nominate a candidate to be president of the convention 25 who comes from Alaska's delegation; 26 (H) if necessary, call for a vote for a candidate to be president who is 27 like-minded and comes from a state that has enacted this resolution, whether or not the 28 chair nominated the candidate to be president; 29 (I) try to avoid the nomination and election of a president who comes 30 from a state that did not pass this resolution; 31 (J) support establishing the following duties of the president:
01 (i) to secure a vote from state delegations requiring that this 02 resolution be the rules of order at the convention; "Robert's Rules of Order" 03 may be adopted if they do not conflict with this resolution; 04 (ii) to follow the terms, directives, and requirements in this 05 resolution; 06 (iii) to call for a vote requiring each state delegation to appoint 07 one delegate to be the delegation's spokesman; 08 (iv) to stay focused on the primary purpose, which is to have 09 the countermand amendment, as herein written, be sent to the states, by way of 10 the United States Congress, for ratification; 11 (v) to recommend and request security measures as may be 12 needed at the convention; 13 (vi) to officiate at the nomination and installation of all officers 14 at the convention; 15 (vii) to establish the agenda at the convention as defined in this 16 resolution; 17 (viii) to provide equal time in floor discussions for all states, 18 whether for or against sending the countermand amendment to the states for 19 ratification; 20 (ix) to prohibit the introduction at the convention of any subject 21 matter or issue other than matters relating to the countermand amendment, as 22 herein written, and whether it should be sent to the states for ratification; 23 (x) to expedite deliberations by the state delegations and to 24 prevent unnecessary delays; 25 (xi) to authorize appropriate roll calls at the convention; 26 (xii) to settle all disputes between state delegations and 27 delegates, whether or not they are from a resolution state; 28 (xiii) to recommend removal of the convention credentials of 29 any delegate, including convention officials, for causing security problems at 30 the convention; 31 (xiv) to establish procedures for installing and recognizing
01 alternates who are to become delegates; 02 (xv) to call for a vote at the earliest favorable time to approve 03 sending the countermand amendment to the states for ratification; 04 (xvi) to call for a vote to decide which method of ratification 05 the convention recommends to United States Congress, whether by state 06 legislatures or state conventions; recommend to the convention that ratification 07 should be by legislatures; resolution delegations are required to vote for 08 ratification through state legislatures; 09 (xvii) to report to the United States Congress, the 50 state 10 legislatures, and the media the decisions of the convention; 11 (xviii) to recommend formal requests, from time to time, to the 12 state legislatures, through representatives in the 50 state delegations, for money 13 that will be needed to carry on the business of the convention; 14 (xix) if a candidate for president of the convention who does 15 not come from a state that has adopted this resolution wins the presidency, then 16 it is the duty of the chair and the delegates in the legislature's delegation to take 17 reasonable steps to argue for a favorable vote by the convention to send the 18 countermand amendment, as herein written, to the states for ratification; 19 (xx) to follow the procedures in sec. B of this resolution for 20 electing other officers as the convention considers necessary; the president of 21 the convention shall be responsible for defining the duties of each office in 22 accordance with the requirements of this resolution; 23 (xxi) to oppose and vote against any effort by state delegations 24 to delay a vote for the countermand amendment, or modify, alter, or change the 25 text of the countermand amendment, as herein written; 26 (xxii) to oppose and vote against any efforts by state 27 delegations to offer any other amendment to the constitution at the convention 28 other than the countermand amendment, as provided in sec. E of this 29 resolution; 30 (7) make regular reports to the committee regarding all activities at the 31 convention;
01 (8) notify the committee of financial or other needs the Alaska state delegation 02 has at the convention. 03 SECTION C. DUTIES AND RESPONSIBILITIES OF DELEGATES. The delegates 04 will be required to follow the directives in this resolution and others that may, from time to 05 time, be issued by the legislature; each delegate is charged with the following duties: 06 (1) comply with directives made under this resolution; 07 (2) follow the reasonable instructions of the chair and assistant chair of 08 Alaska's state delegation that are consistent with the duties set out in this resolution; 09 (3) be amenable to the advice of the president of the convention when the 10 president is from a resolution state; if the president is from a non-resolution state, work 11 closely with the chair to find resolutions that are consistent with this resolution; 12 (4) work to advance all the requirements and directives in this resolution; 13 (5) be subject to dismissal from the state delegation for violation of this 14 resolution; 15 (6) be bound by this resolution to vote at all state delegation roll calls 16 consistent with directives given to the chair in sec. B of this resolution, which includes 17 sending the countermand amendment, as herein written, to the states for ratification by way of 18 the United States Congress; 19 (7) attend all assigned business sessions at the convention; 20 (8) help the chair to successfully complete the instructions in sec. B of this 21 resolution; 22 (9) attend all meetings scheduled by the chair and 23 (A) report to the chair the results of the delegate's work among other 24 state delegates; 25 (B) assess and report to the chair the number of states that plan to vote 26 in favor of the countermand amendment; 27 (C) assess and report to the chair any problems or opportunities that 28 may have developed or might develop relating to the purposes of this resolution; 29 (D) recommend to the chair other strategies that may help join with at 30 least 26 other states to vote favorably for the countermand amendment at the 31 convention.
01 SECTION D. DUTIES AND RESPONSIBILITIES OF ALTERNATES. The 02 alternates of Alaska's state delegation will be required to follow the directives in this 03 resolution and others that may be issued by the legislature; each alternate is charged with the 04 following duties: 05 (1) be prepared to serve as a delegate if directed to do so by the committee or 06 legislature; 07 (2) fulfill the duties in sec. C of this resolution when appointed as a delegate. 08 SECTION E. TEXT FOR THE COUNTERMAND AMENDMENT. The text for the 09 countermand amendment that is to be sent to the state legislatures, by way of the United 10 States Congress, for ratification shall read as follows: 11 "COUNTERMAND AMENDMENT 12 "ARTICLE 28 (or alternate number to be assigned by the United States 13 Congress) 14 "Section 1. The Article restores State sovereignty in our Constitutional 15 Republic by providing State Legislatures Countermand authority. 16 "Section 2. State Legislatures in the several States shall have the 17 authority to Countermand and rescind any Congressional Statute, Judicial 18 decision, Executive Order, Treaty, government agency's regulatory ruling, or 19 any other government or non-government mandate (including excessive 20 spending and credit) imposed on them when in the opinion of 60 percent of 21 State Legislatures the law or ruling adversely affects their States' interest. 22 When the Countermand threshold has been reached, the law or ruling shall be 23 immediately and automatically nullified and repealed. This Countermand 24 authority shall also apply to existing laws and rulings. 25 "Section 3. From the time the initial Countermand is issued by a State 26 Legislature, the other Legislatures shall have 18 months to complete the 27 Countermand process. If the Countermand process is not completed in 18 28 months, then the law or ruling that is being challenged shall remain 29 enforceable. 30 "Section 4. Each State Legislature shall complete their Countermand 31 affidavit and deliver a certified copy to the Chief Justice of the United States
01 Supreme Court, the Leader of the United States Senate, the Speaker of the 02 House of Representatives, the President of the United States, and when 03 applicable the Government Agency or Body that is being challenged. 04 "Section 5. Congress shall have the power to enforce this Article by 05 appropriate legislation. 06 "Section 6. Individual States shall have authority to prosecute violators 07 of this Article under State laws in the absence of Federal prosecution after 90 08 days from the date of the alleged violation. Multiple prosecutions, by multiple 09 States, for the same alleged crime are prohibited. 10 "Section 7. The Article shall be immediately part of the United States 11 Constitution upon ratification by three quarters of the State Legislatures in the 12 several States. 13 "Section 8. The provisions of this Article are enforceable within the 14 United States, which shall include the Several States, the District of Columbia, 15 the Commonwealth of Puerto Rico, the Commonwealth of the Northern 16 Mariana Islands and the territories and possessions of the United States."; and 17 be it 18 FURTHER RESOLVED that a certified copy of this delegate resolution must be 19 agreed to and signed by every delegate sent by the legislature to the countermand amendment 20 convention.