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