Constitution of Alaska
Constitution of the State of Alaska | |
---|---|
Overview | |
Jurisdiction | Alaska, United States |
Ratified | April 24, 1956 |
Date effective | January 3, 1959 |
History | |
Amendments | 28 |
Signatories | 55 |
The Constitution of the State of Alaska was ratified on April 4, 1956 and took effect with Alaska's admission to the United States as a U.S. state on January 3, 1959.
History and background
The statehood movement
In the 1940s, the movement for Alaska statehood was gaining momentum within the
As a result, one of the duties the Alaska Territorial Legislature laid upon the Alaska Statehood Committee, established in 1949, was to "assemble applicable material, make studies and provide recommendations in a timely manner" preparatory to drafting a constitution.
Constitutional convention
On November 8, 1955, 55 elected delegates from across Alaska (a number chosen to echo the 55 in attendance at the
The convention was led by then-territorial Senator
The constitutional convention was in session for 75 days. The constitution was adopted by the delegates on February 5, 1956. The signing of the constitution the following day attracted nearly 1,000 spectators, so the event was moved to the university's gymnasium and library building. This building was renamed Signers' Hall in the late 1980s, and presently houses the administration of the current-day
Principles
The delegates drew on several sources for inspiration: the
One of the aims of the delegates was to produce a short, general document, on the model of the
Articles
Preamble
We the people of Alaska, grateful to God and to those who founded our nation and pioneered this great land, in order to secure and transmit to succeeding generations our heritage of political, civil, and religious liberty within the Union of States, do ordain and establish this constitution for the State of Alaska.
Article I: Declaration of Rights
The constitution begins by establishing the basic rights of Alaska's citizens. Much of Article I essentially reiterates the United States Bill of Rights, but includes several original provisions. Section 3 bans discrimination based on "race, color, creed, sex, or national origin". Section 7, which largely mirrors the Due Process protections under Section 1 of the Fourteenth Amendment, extends protection to "persons to fair and just treatment in the course of legislative and executive investigations", a reaction against
Article II: The Legislature
Article II establishes a
Article III: The Executive
Article III vests executive power in a
Article IV: The Judiciary
Article IV creates the
Article V: Voting and Elections
Article V's provisions are mostly standard, setting such things as
Article VI: Legislative Apportionment
Article VI sets procedures for decennial reapportionment. This is carried out by an appointed board, rather than the legislature as in most states; prior to 1998 amendments, the governor held this authority.
Article VII: Welfare
Article VII is the shortest in the constitution, mandating a "system of
Article VIII: Natural Resources
Article VIII is the first article dealing solely and broadly with resources to appear in a state constitution. The delegates wished to curtail what was seen as abuse of Alaska's resources (see
Article IX: Taxation
Article IX deals with budgeting, appropriations, tax exemptions, public debt, and bans "earmarking". Later amendments established the Alaska Permanent Fund and budget reserves. [citation needed]
Article X: Local Government
Article X provides for Alaska's unique
Article XI: The Initiative, Referendum, and Recall
Article XI sets out procedures for the use of initiatives to "propose and enact laws", referendums to "approve and reject acts of the legislature", and elections to recall public officials. It also restricts the initiative and referendum from being used in certain areas, such as appropriations or to enact special legislation.
Article XII: General Provisions
Article XII is a miscellaneous article, containing definitions of terms, setting the state boundaries, and prescribing the oath of office and merit system, among other things.
Article XIII: Amendment and Revision
Article XIII sets procedures for constitutional amendment. Amendments can originate either with the legislature or at a constitutional convention, and are voted on at the next general election. Constitutional conventions can be called by the Legislature at any time; additionally, every ten years a referendum must be taken on whether to hold a convention. All four such referendums held to date have failed.
Article XIV: Apportionment Schedule
Article XIV set up the initial apportionment of the legislature, to be used prior to the first post-statehood
Article XV: Schedule of Transitional Measures
Article XV dealt with eventual Alaska statehood, focusing on legal continuity and establishment of the new state government. Since it is no longer a working part of the constitution, Alaska courts have ruled that it can be modified by
Ordinances
The referendum on constitutional ratification contained three ballot measures to be voted upon, as provided in Article XV, Section 24.
Ordinance No. 1 was the ratifying proposition itself: Shall the Constitution for the State of Alaska prepared and agreed upon by the Alaska Constitutional Convention be adopted? Ordinance No. 1 passed 17,447 – 8,180.
Ordinance No. 2 provided for the adoption of the "Alaska-Tennessee Plan", which provided that two U.S. Senators and a Representative should be elected to serve as a "shadow" delegation until statehood. Ordinance No. 2 passed 15,011 – 9,556.
Ordinance No. 3 outlawed the use of fish traps in commercial salmon fishing. This issue had special significance in territorial Alaska. Fish traps, usually operated by Outside-owned canneries and widely blamed for the near-collapse of the salmon fishery, were seen as a symbol of exploitation of Alaska by absentee commercial interests. Former territorial Governor Ernest Gruening alluded to the issue in his keynote address to the convention:
The people of Alaska have repeatedly and unchangingly manifested their overwhelming opposition to fish traps. [...] But fish trap beneficiaries, residents of the mother country, want to retain their Alaska traps. So the traps are retained. And it is the power and authority of the federal government which retains them. In a clear-cut issue between the few, profiting, non-colonial Americans and the many, seriously damaged, colonial Alaskans, the state-side interest wins hands down.
Ordinance No. 3 passed by 21,285 – 4,004.
Amendments
As of 2006 there have been 28 amendments to the Alaska Constitution, as well as 12 which were rejected by voters. This is substantially fewer than in most state constitutions (which average 115 amendments), due both to the short period the constitution has been in force and to its generalized construction. Amendments which passed include Article I's right-to-privacy clause and ban on sexual discrimination (1972), an amendment authorizing the Alaska Permanent Fund (1976), and an amendment banning same-sex marriage (1998) (this was later declared unconstitutional in Obergefell v. Hodges).[1][2]
See also
References
- ^ Robinson, B.A. (2007-09-10). "Same-sex marriage in Alaska". Ontario Consultants on Religious Tolerance. Retrieved 2009-04-08.
- ^ Alaska State Constitution Hosted on the Alaska Legislature's website. Accessed 30 November 2006.
- McBeath, Gerald A. (1997). The Alaska State Constitution: A Reference Guide. Westport, Conn.: Greenwood Press. ISBN 978-0-313-27778-8.
External links
- Text of the Alaska Constitution
- Alaska’s Constitution: A Citizen’s Guide
- Creating Alaska — Alaska's Constitution
- Creating Alaska — The Constitutional Convention
- Minutes of the Constitutional Convention