Bill takes aim at states’ rights

JUNEAU — A Valley representative is attempting to get Alaska onboard with an amendment to the U.S. Constitution that would effectively give state legislatures veto power over federal legislation.

“In my short time as a legislator, I have been surprised how often on the House floor we pass a resolution with the theme of overreach,” said Rep. Shelley Hughes, R-Palmer, in a discussion of her proposed resolutions before the House Judiciary Committee.

Hughes said that a lot of the work the House has done to combat federal overreach didn’t really move the needle in the direction of restoring power to the state. She said she believes her legislation could.

“We, as Alaskans, and other states need to swing that needle back towards the states,” Hughes said.

The way the legislation would work is that the state would call for a constitutional convention, something that the U.S. Constitution provides for in Article V. At that convention, the Alaska delegates would push for a single amendment that would allow 30 states to overturn or, in the language of the legislation, “countermand” any federal legislation they deem fit.

There’s a lot of big hurdles to clear first, though. Other states are pushing for a convention, but 34 states need to formally call for one before it’s a reality. Then, at the convention, 38 states have to approve each amendment.

Hughes said it would be worth the effort.

“I don’t need to tell any of you about the problems we here in Alaska have had with federal overreach,” she said.

Hughes’ resolutions got mixed reviews before the House Judiciary Committee. Anchorage Democratic Rep. Matt Claman said he thinks the idea of giving states some more power is a good. But, he said, the countermand amendment envisioned in Hughes’ legislation doesn’t appeal to him.

In particular, he said, he thinks the idea that a majority of states could overturn judicial rulings or treaties ratified by the U.S. Senate didn’t fit with the U.S. Constitution.

“I think that goes a little bit too far,” he said.

But Hughes’ fellow Valley delegate, Wes Keller, R-Wasilla, said he is all for it. Keller has been a proponent of numerous efforts to bolster states’ rights.

“I’ve been involved with the Assembly of State Legislators,” Keller said. “They’re a national group of legislators that are getting together and working on approximately the same thing as the countermand process.”

He said there are numerous so-called “Article V efforts” ongoing throughout the country, and all are helpful to Alaska.

“They are raising the awareness that the states have the option of using the Article V, that it was meant for us. It was meant to be used, and it’s great for us,” Keller said.

The only testimony at the hearing April 8 was from Charles Kacprowicz, who has been pushing these kinds of amendments for 40 years, he said. He’s currently executive director of a group called Citizens Initiatives.

“The amendment itself is going to allow Alaska to address some of the most critical issues that face the state,” Kacprowicz said.

He went on to note that there are 38 energy-producing states in the U.S., which means that Alaska could potentially have a relatively easy time reaching that 30-state threshold if it were to attempt to overturn, for example, an anti-energy-production Environmental Protection Agency regulation.

“It will put the state legislatures in an important role,” Kacprowicz said.

Contact Andrew Wellner at andrew.wellner@frontiersman.com.