Gordon Epperly P.O. Box 34358 Juneau, Alaska 99803 July 10, 2009 Office of the Governor P.O. Box 110001 Juneau, AK 99811-0001 Honorable Governor Sara Palin Over the years, the Alaska Legislature has introduced Resolutions objecting to the infringement of the sovereign powers of the State of Alaska by Washington, D.C. (United States). The last Legislative Session is no different as HJR 27 is patterned after Resolutions of other States of the Union. Below is wording of HJR 27 that is now before the Office of the Governor for signature: 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 1
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. What is disturbing of such Legislative Resolutions, the Resolutions shows that the Legislatures of the States have never read the U.S. Constitution for which they have taken an Oath of Office to protect and defend. This House Joint Resolution (HJR 27) should be Vetoed and returned back to the Legislature for further action. In the year of 1867, the States altered the Constitution of the United States with an Amendment which resulted in the nullification of the Ninth and Tenth Articles of the Bill of Rights. Upon the purported ratification of the U.S. Constitution, 14th Amendment, the States transferred all of their sovereign powers to the United States. This transfer of sovereign powers may be found at Section Two of the 14th Amendment. 2
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Shortly after the Congress declared the 14th Amendment to have been ratified, the Congress incorporated the District of Columbia /1 under the purported authority of the 14th Amendment and from that date forward, brought every State into the Union (including Alaska) as a child corporation of the incorporated District of Columbia (dba United States). Check it out! All the States that were made a part of the Union before the incorporation of the District of Columbia were brought into the Union on equal footing of the original thirteen States. After the incorporation of the District of Columbia, the States were brought into the Union on equal footing of the several States. What does the Statehood Act of Alaska say? It is common knowledge that the U.S. Supreme Court no longer view a State as a country with sovereign powers, but as a corporation that is foreign to the incorporated United States. /2 Not all is lost. The 14th Amendment was rejected by more than ¼ th of the States in the year of 1867. I have photocopies of all the 1867 House Journals and Senate Journals of the States that recorded their votes of rejection. These Journals may be viewed at www.14th-amendment.com. The only way Alaska and her sister States will be able to re-acquire the sovereign powers they once had is to notify the defacto President and Congress of the United States that the People of Alaska will no longer recognize the existence of the 14th Amendment. If the States and the People do not take back their rightful place in the National Government, this Nation will destroy itself from inside out. It is the domestic enemy of Washington, D.C. that I fear, not the enemy of a foreign country. 1 / see Feb., 21, 1871 An Act to provide a [FORTY-FIRST CONGRESS, Sess. III, Ch. 62]. 2 / see NY re: Merriam 36 N.E. 505, 14 L.Ed. 287; 20 Corpus Juris 1785: The United States government is a foreign corporation with respect to a State. 11 government for the District of Columbia
I have written a letter to the Archivist of the United States explaining in detail why the votes cast on the U.S. Constitution, 14 th Amendment needs to be recounted. / 3 Everyone in Washington, D.C. was lost for words and refused to answer the questions that I raised therein. I made an attempt to obtain a Writ of Mandamus ordering the U.S. Archivist to make the recount under the laws of the United States. Judge ( Sedwick) dismissed the case with the word frivolous ( an interesting word after the same Federal Court ruled that ratification questions are Political Questions / 4 to the Court in an earlier case) and then someone ( U.S. Justice Department?) informed me that I would be sanctioned in an amount exceeding $10,000.00 if I filed a Notice of Appeal. As I had been sanctioned by the U.S. Court of Appeals, Ninth Circuit in an earlier case, I had no doubt that this was no idle threat. No Appeal was filed. Sincerely Yours Gordon Epperly Cc: Alaska Legislature 3 / This letter to the U.S. Archivist may be viewed under the heading of Private Letters at the web site of www.14th-amendment.com. 4 / Every Federal Judge took an Oath of Office to protect and defend the U.S. Constitution. For a Federal Judge to hide behind a pretended doctrine of Political Question to evade his duty of Office to protect the U.S. Constitution is an act Treason. 12