Bob Bird: Scare tactics about the constitutional convention come from left field
BY BOB BIRD
Alaska’s “sample” makeup is really a role model in some ways, like a cleaning beauty from the cover picture of shine Magazine. It was created from a template by the University of Chicago, which was funded and founded by Rockefeller.
It has received scruffy reviews since before statehood. Sure, there are many modifications, the best being the Common Use clause under Natural Resources. The only thing the left really fears is the part on any new constitutional convention. The population can vote on it every 10 years.
It is not unreasonable for conservatives to worry about how a convention is set up and what its outcome might be. In the many inquiries I have received from citizens and the media, and here too, I have stated that the legislature must create a district-structured system in order for a real basic convention to come about. If this does not happen, it will likely be controlled by the very left who fear the Assembly of such a convention. And it should be done before the vote to allay citizens’ concerns.
Contrary to what the media tells us, the most serious flaws we face in the Alaska Constitution are not related to the Permanent Fund dividend or even the Judicial Council, but rather in Art. XII, Sections 8, 12 and 13. Read them. They are terrifying, and lies are the root of all our economic and freedom crises.
Section 8 is nothing less than an “Anti-Tenth Amendment” that gives the state unlimited power. Sections 12 and 13 defeat the very purpose of statehood by denying the state ever taking ownership of its own real estate, property owned by the federal government in violation of Article 1, Section 8, Clause 17 of the U.S. Constitution and the ignored tenth supplementary article is retained.
Such conditions were never imposed on the states east of the “central border”, a term for the north-south axis from North Dakota / Minnesota to Louisiana / Texas.
The other problems, like a rogue judiciary or judicial council system, would not even exist if we ever had a governor or legislative body that understood proper constitutionalism and that the judiciary is not an “equal department” whose opinions must be divided obeys, but a weak sister whose judgments do not have to be obeyed by an executive and can be withheld by the legislature.
While the Federalist Papers are not even part of the US Constitution, they helped get it passed, thinly at the approval meeting in key state New York.
Virginia, at that time the biggest price ever, was reluctant to endorse a secession clause and made reservations next to New York and Rhode Island. You can look it up.
The federal papers is a treatise on federalism and the philosophy of limited government. It is safe to say that they apply to our own state constitution, and this is reflected in many ways.
In Federalist # 78 we read (with the emphasis only on Alexander Hamilton): The judiciary, on the other hand, has no influence on the sword or the purse; no direction of neither strength nor wealth of society; and cannot accept any active dissolution at all. It can truly be said that it has neither STRENGTH nor WILL, but only discernment; and must ultimately depend on the help of the executive for the effectiveness of its judgments.
Allow me to quote a few direct quotations, first from a governor. When told not to enforce a state Supreme Court decision, he said twice six months apart, “It will be some time before I deal with it.”
And from a prominent lawmaker: “Bob, I don’t doubt your word, it just isn’t how I learned it.” My answer was, “Me too. But I’ve forgotten how we all can. “
So, let’s break the law school oligarchy’s vice-grip on, if not, the constitutional interpretation The federal papers, but how our own constitution was created.
- The legislature has the upper hand. It can indict any member of the judiciary or the executive branch. None of them can do the same. Art. II, sec. 20.
- The legislature has the power of the purse. It can never be given up. Art. IX, sec. 1.
- It can override the governor’s veto. Art. II, sec. 16. Both No. 2 and No. 3 have just been overthrown and charged by the judiciary, an obviously criminal offense.
- The legislature regulates the jurisdiction of the courts. It can exclude the courts from their judicial review of all enacted laws. Art. IV, sec. 1.
- The so-called “jurisprudence”, the corpus of judicial decisions known only to lawyers, is not a law at all. True laws are in Art. 12, Sec. 11 and only apply to what the legislature enacts, not the judiciary or executive.
As noted in relation to the US Constitution, “It is not that the Constitution has been examined and found flawed. Rather, it was left untested and found to be difficult. “
The constitutionality of the PFD is worthy, but to really curtail federal power we have to deny parts of Article XII. And in order to limit the legal encroachment, we have to reorganize the way we elect our judges, but we just have to rewrite what the Constitution already provides so that it can be clearly understood by the citizens and by the Case can no longer be ignored. Right oligarchy.
Bob Bird chairs the Alaskan Independence Party and hosts the talk show Bird’s Eye View on KSRM Radio Kenai.