Bill Text: GA HR1866 | 2009-2010 | Regular Session | Introduced
Bill Title: Baker, Thurbert E.; impeachment charges; bring
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2010-04-01 - House Second Readers [HR1866 Detail]
Download: Georgia-2009-HR1866-Introduced.html
10 LC
21 0853
House
Resolution 1866
By:
Representatives Hatfield of the
177th,
Franklin of the
43rd,
Loudermilk of the
14th,
Hill of the
21st,
Jerguson of the
22nd,
and others
A
RESOLUTION
Bringing
charges of impeachment against Thurbert E. Baker; and for other
purposes.
WHEREAS,
Thurbert E. Baker presently serves as the Attorney General for the State of
Georgia; and
WHEREAS,
Article V, Section III, Paragraph IV of the Constitution of Georgia provides:
"The Attorney General shall act as the legal advisor of the executive
department, shall represent the state in the Supreme Court in all capital
felonies and in all civil and criminal cases in any court when required by the
Governor, and shall perform such other duties as shall be required by law";
and
WHEREAS,
on March 23, 2010, President Obama signed into law the federal Patient
Protection and Affordable Care Act which was enacted by Congress;
and
WHEREAS,
none of the enumerated powers granted to Congress by the states under
Article I, Section 8 of the United States Constitution can be remotely
construed as authority to enact such legislation as the Patient Protection and
Affordable Care Act, and therefore such power is reserved to the states as
provided in the Tenth Amendment; and
WHEREAS,
by letter dated March 22, Governor Sonny Perdue directed Attorney General Baker
to institute and prosecute in the name of the state litigation challenging the
Act on all possible legal grounds including, without limitation, the ground that
the Act exceeds the power and authority granted to the Congress by the United
States Constitution; and
WHEREAS,
by letter dated March 24, 2010, Attorney General Baker replied to Governor
Perdue that he would ignore the Governor's direction and would refuse to
institute legal action, despite the Governor's clear and unambiguous command to
do so and the Attorney General's clear and unambiguous duty to do so;
and
WHEREAS,
by failing and refusing to perform his constitutional and statutory duties,
Attorney General Baker has abdicated his authority and has committed an act
against the State of Georgia; and
WHEREAS,
Attorney General Baker's shameful abdication of his lawful duties shows him
unfit to serve the State of Georgia in the position of Attorney General;
and
WHEREAS,
Article III, Section VII, Paragraph I of the Constitution of Georgia provides
that the House of Representatives shall have the sole power to vote impeachment
charges against any executive or judicial officer of this state.
NOW,
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body upon
adoption of this resolution and articles of impeachment does hereby bring
charges of impeachment against Attorney General Thurbert E. Baker.
BE
IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized
and directed to appoint Managers of the charges of impeachment from the
membership of the House of Representatives.
BE
IT FURTHER RESOLVED that the Managers appointed by the Speaker of the House of
Representatives are authorized and directed to transmit this resolution and the
articles of impeachment to the Senate.
