00 Enrolled HJR 27 01 Relating to sovereign powers of the state. 02 _______________ 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 WHEREAS the Tenth Amendment to the Constitution of the United States reads, 05 "The powers not delegated to the United States by the Constitution, nor prohibited by it to the 06 States, are reserved to the States respectively, or to the people"; and 07 WHEREAS the Tenth Amendment defines the total scope of federal power as being 08 that specifically granted by the Constitution of the United States and no more; and 09 WHEREAS some federal actions weaken states' rights protected by the Tenth 10 Amendment to the Constitution of the United States; and 11 WHEREAS the Tenth Amendment assures that we, the people of the United States of 12 America and each sovereign state in the Union of States, now have, and have always had, 13 rights the federal government may not usurp; and 14 WHEREAS art. IV, sec. 4, Constitution of the United States, reads, "The United 15 States shall guarantee to every State in this Union a Republican Form of Government," and 16 the Ninth Amendment to the Constitution of the United States reads, "The enumeration in the 17 Constitution, of certain rights, shall not be construed to deny or disparage others retained by 18 the people"; and 01 WHEREAS the United States Supreme Court has ruled in New York v. United States, 02 S.Ct. 2408 (1992), that the United States Congress may not simply commandeer the 03 legislative and regulatory processes of the states; and 04 WHEREAS all states, including Alaska, find themselves regularly facing proposals 05 from the United States Congress that weaken states' rights protected by the Tenth 06 Amendment; 07 BE IT RESOLVED that the Alaska State Legislature hereby claims sovereignty for 08 the state under the Tenth Amendment to the Constitution of the United States over all powers 09 not otherwise enumerated and granted to the federal government by the Constitution of the 10 United States; and be it 11 FURTHER RESOLVED that this resolution serves as Notice and Demand to the 12 federal government to cease and desist, effective immediately, mandates that are beyond the 13 scope of these constitutionally delegated powers. 14 COPIES of this resolution shall be sent to the Honorable Barack Obama, President of 15 the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and 16 President of the U.S. Senate; the Honorable Nancy Pelosi, Speaker of the U.S. House of 17 Representatives; the Honorable Lisa Murkowski and the Honorable Mark Begich, U.S. 18 Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska 19 delegation in Congress; all other members of the 111th United States Congress; the presiding 20 officers of the legislatures of each of the other 49 states; and the governors of each of the 21 other 49 states.