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31 March 2010

H.R.1866: A Resolution Impeaching Attorney General Thurbert Baker

Here it is for your consumption -- House Resolution 1866, a resolution bringing charges of impeachment against Thurbert E. Baker. The resolution is sponsored by Republican state Representatives Mark Hatfield, Bobby Franklin, Barry Loudermilk, Calvin Hill, Sean Jerguson and Michael Harden (among others).


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.

Utterly ridiculous.