Borough streams ordinance breaches constitutional rights

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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