Alaska Constitution
| Alaska Constitution |
|---|
|
| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV |
| Ordinances |
| 1 • 2 • 3 |
| Amendments |
The Alaska Constitution is the state constitution of Alaska.
- The current Alaska Constitution was ratified in 1956 and went into effect in 1959.
- Alaska has had one state constitution.
- The current state constitution has 15 articles.
- The current Alaska Constitution has been amended 28 times.[1]
- Voters last approved a new amendment to the Alaska Constitution on November 2, 2004, when voters approved Measure 1.
A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Background
Alaska became the 49th state on January 3, 1959. The state constitution was adopted by a constitutional convention on February 5, 1956, and ratified by the people on April 24, 1956.[2]
In 1955, the territorial legislature authorized a constitutional convention. Fifty-five delegates were elected from across the territory to meet at the University of Alaska in Fairbanks and write a constitution for the proposed state. Alaskan voters approved the new constitution in April 1956, but it could not take effect until Alaska was granted statehood.[2]
Preamble
The preamble to the Alaska Constitution states:
| 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
- See also: Article I, Alaska Constitution
Article I of the Alaska Constitution has a total of 25 sections. It declares the rights of citizens, including civil rights, such as not to be discriminated based on "race, color, creed, sex, or national origin."[3] Many of its sections mirror the U.S. Constitution, including freedom of speech, religion, assembly and petition and rights of due process and trial by jury. Section 25 of Article I declares that "marriage may exist only between one man and one woman."[3]
Click here to read this article of the Alaska Constitution.
Article II: The Legislature
- See also: Article II, Alaska Constitution
Article II establishes a bicameral legislature, including a senate with 20 members elected for four years and a house of representatives with 40 members elected for two years.[4]
Click here to read this article of the Alaska Constitution.
Article III: The Executive
- See also: Article III, Alaska Constitution
Article III defines the power vested in the executive branch of Alaskan government, otherwise known as the Governor of Alaska. Article III also defines the qualification requirements of candidates for this position, how long this position is held, responsibilities to be observed while holding this position and provisions for possible absences.[5]
Click here to read this article of the Alaska Constitution.
Article IV: The Judiciary
- See also: Article IV, Alaska Constitution
Article IV defines the power vested in the judicial branch of Alaskan government, which consists of the supreme court, the superior court and the judicial council, as well as the responsibilities, length and terms of service and size of each judicial group. Article IV also defines the qualification requirements of candidates for these positions, as well as how long each position is held, with provisions for vacancy.[6]
Click here to read this article of the Alaska Constitution.
Article V: Suffrage and Elections
- See also: Article V, Alaska Constitution
Article V defines the process of voting in the state of Alaska and explains who is qualified to vote.[7]
Click here to read this article of the Alaska Constitution.
Article VI: Legislative Apportionment
- See also: Article VI, Alaska Constitution
Article VI defines the apportionment of both the Alaska House of Representatives and the Alaska State Senate. The article also defines when and how the state should be redistricted and what boundaries the districts should observe. The final sections within Article VI regulate a Redistricting Board, which is responsible for overseeing any necessary reapportioning within the state of Alaska.[8]
Click here to read this article of the Alaska Constitution.
Article VII: Health, Education and Welfare
- See also: Article VII, Alaska Constitution
Article VII defines the responsibilities of the Alaskan legislature to provide a suitable system of education, public health and welfare programs.[9]
Click here to read this article of the Alaska Constitution.
Article VIII: Natural Resources
- See also: Article VIII, Alaska Constitution
Article VIII describes the way in which natural resources can be used by the state of Alaska and its citizens. It defines the ownership of the land, resources therein and how that ownership can be sold, granted or leased.[10]
Click here to read this article of the Alaska Constitution.
Article IX: Finance and Taxation
- See also Article IX, Alaska Constitution
Article IX outlines the taxation powers of the state, including which entities are eligible for taxation, under what conditions a taxable entity becomes exempt and that taxable entities will not undergo any discrimination. Article IX goes on to state that money received from taxes will be used only for the public good and shall not be used for special projects unless specified. Article IX also states that the governor must create and submit an approved budget to the legislature and that the legislature must appoint an accountant dedicated to the overview of the budget.[11]
Click here to read this article of the Alaska Constitution.
Article X: Local Government
- See also: Article X, Alaska Constitution
Article X describes the provisions set forth for local governments. All local government power is vested in boroughs and cities.[12]
Click here to read this article of the Alaska Constitution.
Article XI: Initiative, Referendum and Recall
- See also: Article XI, Alaska Constitution
Article XI outlines the initiative, referendum and recall process. The people of Alaska have the right to propose and enact laws through the initiative process and approve or reject acts of the Alaska State Legislature through the referendum process. All elected public officials, except judicial officials, are subject to recall by voters.[13]
Click here to read this article of the Alaska Constitution.
Article XII: General Provisions
- See also: Article XII, Alaska Constitution
Article XII outlines the state boundaries and intergovernmental relations, as well as other provisions, such as law making power, merit systems, retirement systems, disqualifications and the interpretations of the constitution.[14]
Click here to read this article of the Alaska Constitution.
Article XIII: Amendment and Revision
Article XIII has four sections that together lay out the process for amending the constitution.[15]
Click here to read this article of the Alaska Constitution.
Article XIV: Apportionment Schedule
- See also: Article XIV, Alaska Constitution
This section was repealed by Alaska Ballot Measure 3 in 1998.[16]
Click here to read this article of the Alaska Constitution.
Article XV: Schedule of Transitional Measures
- See also: Article XV, Alaska Constitution
Article XV was originally written to ease the transition from territory to state. It contains additional provisions, such as the regulation of laws to applicability of amendments regarding redistricting of the legislature.[17]
Click here to read this article of the Alaska Constitution.
Ordinances
Within the Alaska Constitution there are three ordinances that follow the 15 articles. These ordinances cover official Alaskan governance from election processes to the abolition of fish traps.[18][19][20]
Amendments
As of February 2015, 28 amendments to the Alaska Constitution have been approved by the state's voters. The most recent amendment was Measure 1 in 2004, which related to the laws governing ballot measures in Alaska.[21]
Amending the Alaska constitution
The Alaska Constitution provides two mechanisms for amending the state's constitution—a legislative process, and a state constitutional convention. Alaska requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. Alaskans do not have the power to use a citizen initiative to amend the state's constitution. The power of initiative in Alaska is restricted to proposing state statutes.
Legislature
A two-thirds vote in each legislative chamber of the Alaska State Legislature during one legislative session to refer a constitutional amendment to the ballot. That amounts to a minimum of 27 votes in the Alaska House of Representatives and 14 votes in the Alaska State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 3 of Article 13 of the Alaska Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 10 years starting in 1970. Alaska is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Alaska | 10 years | 2022 | 2032 |
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- The Constitution of the State of Alaska
- The Alaska Constitution: A Citizen's Guide
- Creating Alaska: The Constitutional Convention
Footnotes
- ↑ According to Professor Gerald A. McBeath, Ph.D., the Constitution of 1956 had been amended 24 times through 1996. Since 1996, voters have approved four additional constitutional amendments.
- ↑ 2.0 2.1 McBeath (2011). The Alaska State Constitution. New York, NY: Oxford University Press
- ↑ 3.0 3.1 Office of the Lieutenant Governor, "Article I: Declaration of Rights," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article II: The Legislature," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article III: The Executive," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article IV: The Judiciary," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article V: Suffrage and Elections," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article VI: Legislative Apportionment," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article VII: Education, Public Health and Welfare," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article VIII: Natural Resources," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article IX: Finance and Taxation," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article X: Local Government," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article XI: Initiative, Referendum and Recall," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article XII: General Provisions," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article XIII: Amendment and Revision," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article XIV: Apportionment Schedule," accessed May 8, 2014
- ↑ Office of the Lieutenant Governor, "Article XV: Schedule of Transitional Measures," accessed May 8, 2014
- ↑ Office of Lieutenant Governor, "Ordinance No. 1: Ratification of Constitution," accessed May 8, 2014
- ↑ Office of Lieutenant Governor, "Ordinance No. 2: Alaska-Tennessee Plan," accessed May 8, 2014
- ↑ Office of Lieutenant Governor, "Ordinance No. 3: Abolition of Fish Traps," accessed May 8, 2014
- ↑ The Office of the Lieutenant Governor of Alaska: Mead Treadwell, "Constitutional Amendment Summary: 1966-2004 Proposed Amendment Titles & Vote Counts," accessed February 19, 2014
