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Borough streams ordinance breaches constitutional rights

Posted: June 5, 2012 - 8:54am

Sovereign Power: the Rule of Man vs. the Rule of Law -- that seems to be our nemesis. In times past, King John of England faced that nemesis and relented, signing the Magna Carta. The first Rule of Law that gave freedom to the common man granting those "Inherent Rights" (exercising inherent and divine choice) which are what maintains a balance. Have we forgotten, as civilized people, our past struggles to maintain balance? We question this power balance again. From the top down, those in power try to exert their will. But where does this power really flow from? Today,  balance through jurisdictional lines defines those protected Inherent Rights.   

We, Alaskan-Americans, chose our sovereign power and our Rule of Law in 1959 (Alaska's Constitution). Since that time of hard-fought independence of 50-plus years ago, Alaskans today still seek to maintain the balance. Who has that real jurisdiction over us as a local governed people?

Alaska's Constitution established boroughs. Alaska's Legislature took on the duty to define by Statute how those boroughs would operate under the Constitution and passed AS.Title 29. But many of us are now questioning the confines of Borough authority. The question is really not whether we have a first- or second-class borough here. Sovereign jurisdiction answers that. Inherent "Rights" are declared in our Constitution and only there are they acknowledged in written form. Simply put, Title 29 does not provide for those rights; it just concedes to them.

We, the people, did not vote any protections of Inherent Rights into Title 29. In fact, Title 29 only establishes an orderly assembly to govern under our Constitution. Furthermore, Title 29 provides for this ruling body "Assembly" established/defined as "An organization comprising members who use parliamentary procedure for making decisions." The decisions they make do not trump our Constitutional Rights. Period. 

The Boroughs have no "resource mandate" above Alaska's constitutional powers, unless the State cedes them to its subdivisional  borough government or does a constitutional amendment which "we the people" would vote on -- not likely, for it would defy the intent of the Statehood Act.

One could argue what a local government has the power to do, but the "Oath of Office" requires a witness to pre-declared Inherent Rights of and for the people! The Kenai Borough must honor those Rights.  Jurisdictional lines bar them from any changes to them and the "Oath of Office" guarantees our Assembly shall protect them.

Our great Alaskan resources are mandated by our Constitution. They are the first ever (article of a constitution dealing solely and broadly with resources) to appear in a United States' Constitutional Article! With that being said, only the Sovereign State of Alaska can make rules for their "utilization, development, and conservation ... for the maximum benefit of (it's) people." 

As a citizen truly respectful of this State and Borough, I call upon our Governor Parnell, Mayor Navarre, and Assembly Members to honor their Oaths of Office, perform their duties as assigned  and repeal Ord. (s) 2011-12 and 96-0 as they are repugnant to the rule of law and the Alaska Constitution, whereby they fall outside of the Borough's truly limited jurisdiction.

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witchwitch
51
Points
witchwitch 06/05/12 - 06:00 pm
2
0
The facts show that elected officials choose which law to obey

The facts provided by Mr. Martin represent the truth. However, reality demonstrates that once a politician is elected, almost without exception, they ignore their oath of office and seek to promote an agenda that subverts the spirit and letter of Constitutional law. They justify their subversion because they are supported by the courts and other politicians, who all gain wealth and power by ignoring the law they swore to uphold.

We need new political candidates that respect the Constitution. The only way we will get there is for more people to become active and to, at the very least, vote. It's my hope that people are coming around. Freedom and liberty are not free.

spwright
1376
Points
spwright 06/06/12 - 01:49 pm
1
1
20% or Less Voter Turn-Out

Mr. Martin & Witchwitch. All of which that You have stated is very true.

BUT How Do You get past the ALASKAN VOTER APATHY?

Less than 20% of Alaskans actually make the time to vote .

The Majority of Alaskans claim to be Un-Declared Independent Voters neither Republican or Democrat
BUT these Un-Declared Independents have the Worst Possible Voting Record. THEY DO NOT VOTE
& they really believe that they are "Morally Superior" to All other Alaskans. They can't be bothered with Voting. It's NOT important to them. They refuse to participate in Democracy
& they make all sorts of Lame Excuses to NOT vote.
& they do the Most COMPLAINING & WHINING of any group of Alaskans.

If You are a AMERICAN then You Will Vote Period End of Story.

SPW "Airborne"

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