Kansas 2025-2026 Regular Session

Kansas House Bill HCR5016 Compare Versions

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11 Session of 2025
22 House Concurrent Resolution No. 5016
33 By Committee on Federal and State Affairs
44 3-20
55 A CONCURRENT RESOLUTION urging the Kansas Attorney General
66 to join the efforts of other states to uphold the Constitution of the
77 United States of America, the founding principles of Separation of
88 Powers and the Appointments Clause and hold Elon Musk accountable
99 for unlawful executive action.
1010 WHEREAS, The Constitution of the United States of America provides
1111 legislative powers to a Congress, consisting of a Senate and a House
1212 of Representatives, a guiding principle that has withstood centuries
1313 since our nation's founding; and
1414 WHEREAS, The Constitution of the United States of America states that
1515 the President "shall nominate, and by and with the Advice and
1616 Consent of the Senate, shall appoint Ambassadors, other public
1717 Ministers and Consuls, Judges of the supreme Court, and all other
1818 Officers of the United States, whose Appointments are not herein
1919 otherwise provided for, and which shall be established by Law: but the
2020 Congress may by Law vest the Appointment of such inferior Officers,
2121 as they think proper, in the President alone, in the Courts of Law, or in
2222 the Heads of Departments"; and
2323 WHEREAS, On January 20, 2025, President Trump issued an executive
2424 order renaming the United States Digital Services to the United States
2525 Department of Government Efficiency and granted the agency
2626 expansive powers; and
2727 WHEREAS, Since January 2025, Elon Musk, without Senate
2828 confirmation or legal appointment, has continued to exercise
2929 unprecedented executive authority by eliminating or reducing the size
3030 of federal agencies, terminating or placing federal employees on leave,
3131 canceling, freezing or pausing federal contracts, grants and other
3232 federal funding, obtaining access to, use of or making changes to
3333 federal databases and data systems and accessing confidential and
3434 classified information; and
3535 WHEREAS, Without lawful appointment to an executive position that
3636 requires Senate confirmation, Musk has violated the Appointments
3737 Clause, and therefore, actions taken by Musk are unconstitutional; and
3838 WHEREAS, President Trump has unilaterally vested executive powers
3939 not checked by the legislative branch of government—a founding
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7676 principle of Separation of Powers—to Musk, an unelected individual;
7777 and
7878 WHEREAS, On February 13, 2025, the attorney generals of New Mexico
7979 and 13 other states have stepped up to seek a judicial declaration that
8080 Musk's role and actions are unconstitutional, Musk should be
8181 prevented from issuing orders through federal agencies and all
8282 previous actions by Musk shall be rendered null and void; and
8383 WHEREAS, It is in the interest of the state of Kansas and all Kansans
8484 that all actions taken at the level of federal government shall be held
8585 constitutional; and
8686 WHEREAS, Therefore, Kansas needs to make it clear that we stand
8787 united with the other states in our nation in support of holding such
8888 actions accountable and upholding the Constitution: Now Therefore,
8989 Be it resolved by the House of Representatives of the State of Kansas, the
9090 Senate concurring therein: That the legislature strongly urges the
9191 Kansas Attorney General to join the efforts of other states to uphold
9292 the Constitution of the United States of America, the founding
9393 principles of Separation of Powers and the Appointments Clause and
9494 hold Elon Musk accountable for unlawful executive action.
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