Isabella Carter
The preamble to the Alaska State Constitution was ratified on April 4, 1956, and took effect on January 3, 1959, with Alaska's admission to the United States as a state. The preamble is an introductory statement that outlines the fundamental purposes and principles of the constitution. It establishes the basic rights of Alaska's citizens, including political, civil, and religious liberty, and equality under the law. The preamble also sets out the structure of the state government, including the legislature and executive, and the rights and obligations of legislators.
| Characteristics | Values |
|---|---|
| Date of ratification | April 4, 1956 |
| Date of adoption | January 3, 1959 |
| Number of delegates | 55 |
| Number of days in session | 75 |
| Number of women delegates | 6 |
| Number of words | 13,000 |
| Basic rights | Life, liberty, the pursuit of happiness, and the enjoyment of the rewards of one's industry |
| Equality | All persons are equal and entitled to equal rights, opportunities, and protection under the law |
| Civil and political rights | No person is to be denied their civil or political rights on the basis of race, color, creed, sex, or national origin |
| Religion | No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof |
| Purpose | To secure and transmit to succeeding generations the heritage of political, civil, and religious liberty |
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What You'll Learn
The preamble is not law, but an introduction
The preamble to the Alaska Constitution, like the preamble to the US Constitution, is not a law in itself. Instead, it serves as an introduction to the document, outlining its fundamental purposes and guiding principles. It begins with the words, "We, the people of Alaska, grateful to God and to those who founded our nation and pioneered this great land..." and establishes the basic rights of Alaska's citizens.
The preamble sets the tone for the rest of the constitution, which was ratified on April 4, 1956, and took effect on January 3, 1959, when Alaska officially became a US state. The delegates who drafted the constitution aimed to create a concise, general document that left broad authority to future state legislatures. As a result, the Alaska Constitution is only about half the length of the average state constitution.
The preamble to the Alaska Constitution expresses the state's commitment to securing and transmitting "our heritage of political, civil, and religious liberty" to future generations. It also establishes the equality of all persons and their right to equal protection under the law. This includes the prohibition of discrimination based on "race, color, creed, sex, or national origin."
While the preamble is not legally binding, it plays a crucial role in interpreting the constitution. Courts often refer to it to understand the intentions of the framers and the spirit in which the constitution was written. This interpretive process involves examining the exact text of the document, as well as considering the broader context and historical understanding of the time it was drafted.
In conclusion, while the preamble to the Alaska Constitution is not a law, it serves as a vital introduction that guides the interpretation of the constitution and helps ensure the protection of the rights and liberties of Alaska's citizens.
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It establishes the basic rights of Alaska's citizens
The preamble to the Alaska Constitution sets the stage for the document, outlining the intentions of its framers and its fundamental purposes and guiding principles. The Alaska Constitution was ratified on April 4, 1956, and took effect on January 3, 1959, when Alaska officially became a US state. The preamble establishes the basic rights of Alaska's citizens, mirroring the United States Bill of Rights while also including several original provisions.
Article I of the Alaska Constitution reiterates the Bill of Rights, with Section 3 banning discrimination based on "race, colour, creed, sex, or national origin". This provision ensures that no person is denied civil or political rights on these grounds. The right to privacy is also established in this article, with Section 22 interpreted by the Alaska Supreme Court as protecting the home possession of small amounts of marijuana.
Article I also includes provisions that extend beyond the protections offered in the US Bill of Rights. Section 7, for instance, mirrors the Due Process protections under Section 1 of the Fourteenth Amendment but goes further by explicitly protecting individuals from unfair treatment during legislative and executive investigations, marking a departure from the McCarthyism of the time.
The preamble and constitution were drafted by 55 elected delegates from across Alaska, who assembled in the newly built student union at the University of Alaska. The delegates aimed to create a concise document, modelled after the US Constitution, leaving broad authority to future state legislatures. The resulting constitution is only about half the average length of other state constitutions.
The Alaska Constitution's preamble, with its focus on securing and transmitting "our heritage of political, civil, and religious liberty", reflects the aspirations of Alaskans for self-governance and the protection of fundamental rights as they embarked on their journey as a US state.
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It was ratified on April 4, 1956
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. The constitution-making process began in the 1940s when the movement for Alaska statehood was gaining momentum within the territory. However, it faced opposition from commercial interests in the 'Lower 48' and some members of Congress.
Many statehood proponents believed that a well-written constitution would help their cause in Washington, D.C. As a result, the Alaska Statehood Committee was tasked with "assembling applicable material, conducting studies, and providing recommendations" in preparation for drafting a constitution. On November 8, 1955, 55 elected delegates from across Alaska assembled at the University of Alaska to draft the constitution. Fairbanks was chosen as the site instead of Juneau, the territorial capital, to escape the influence of lobbyists and benefit from an academic setting.
The delegates aimed to produce a concise, general document modelled on the United States Constitution. They wanted to leave broad authority to future state legislatures rather than specifying most aspects in minute detail as many state constitutions did. The resulting document is only about half the average state constitution length of 26,000 words. The delegates drew inspiration from several sources, including the National Municipal League's "Model State Constitution" and the recently adopted constitutions of Missouri, New Jersey, and Hawaii.
The Alaska Constitution begins by establishing the basic rights of Alaska's citizens, with Article I reiterating the United States Bill of Rights and including several original provisions. For example, Section 3 bans discrimination based on "race, colour, creed, sex, or national origin," and Section 7 extends protection to "persons [to] fair and just treatment in the course of legislative and executive investigations," a reaction against McCarthyism. The constitution also establishes a bicameral legislature and provides for a strong legislature and executive to counter weak territorial institutions.
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It was modelled on the US Constitution
The Alaska State Constitution was ratified on April 4, 1956, and came into effect on January 3, 1959, when the Alaska Statehood Proclamation was signed. The constitution was drafted by 55 elected delegates from across Alaska, who assembled at the University of Alaska. The convention was led by then-territorial Senator William A. Egan, who later became the state's first governor. The delegates aimed to produce a concise, general document modelled on the US Constitution, leaving broad authority to future state legislatures. The resulting document is only about 13,000 words, which is half the average length of a state constitution.
The preamble to the US Constitution, which begins with the words "We the People", is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. It sets the stage for the Constitution, communicating the intentions of the framers and the purpose of the document. The preamble is not the law, but it is useful for interpreting the meaning of the Constitution. For example, in a case about eminent domain, the court pointed to the Preamble's reference to "promot[ing] the general Welfare" as evidence that "the health of the people was in the minds of our forefathers".
Similarly, the preamble to the Alaska Constitution also begins with the words "We the people of Alaska". It establishes the basic rights of Alaska's citizens, including political, civil, and religious liberty. Much of Article I reiterates the United States Bill of Rights, but includes several original provisions. For example, Section 3 bans discrimination based on "race, colour, creed, sex, or national origin", and Section 22 establishes the right to privacy.
The Alaska Constitution's preamble, modelled on that of the US Constitution, thus serves as an introduction to the document, communicating the intentions and principles of the framers. It establishes the rights of Alaska's citizens and provides a foundation for the interpretation and application of the Constitution.
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It establishes equality and protection under the law
The preamble to the Alaska Constitution establishes equality and protection under the law. It begins with the words, "We the people of Alaska", mirroring the United States Constitution's preamble, which starts with "We the People". This introductory statement outlines the fundamental purposes and guiding principles of the constitution, expressing the intentions of its framers.
The Alaska Constitution is dedicated to the principle that all persons are equal and entitled to equal rights, opportunities, and protection under the law. It explicitly states that no person shall be denied the enjoyment of any civil or political right based on race, colour, creed, sex, or national origin. This commitment to equality and protection under the law is a core value of the constitution.
The constitution also establishes the basic rights of Alaska's citizens, with Article I reiterating the United States Bill of Rights and including original provisions. Section 3 of Article I, for example, bans discrimination based on the aforementioned factors, reinforcing the principle of equality. Section 7 extends protection to individuals during legislative and executive investigations, demonstrating the constitution's focus on safeguarding citizens' rights.
Furthermore, the Alaska Constitution recognises the natural right to life, liberty, the pursuit of happiness, and the enjoyment of the rewards of one's industry. It underscores the obligation of individuals to the people and the state, reflecting a balanced approach to rights and responsibilities. By outlining these principles, the preamble sets the tone and direction for the constitution, providing a foundation for the laws and governance of the state.
The preamble's emphasis on equality and protection under the law aligns with the broader intentions of the delegates who drafted the Alaska Constitution. They aimed to create a concise, general document that left broad authority to future state legislatures, allowing for flexibility and adaptability in governance. The preamble, therefore, serves as a critical component of the constitution, providing insight into the values, principles, and aspirations that underpin Alaska's legal and governmental framework.
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Frequently asked questions
The preamble to a constitution is a brief introductory statement outlining the fundamental purposes and guiding principles of the document. It is not a law but sets the stage for the constitution.
The preamble to the Alaska State Constitution is:
> "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."
The preamble to the AK Constitution establishes the basic rights of Alaska's citizens, including the right to life, liberty, the pursuit of happiness, and the enjoyment of the rewards of one's own industry. It also ensures equality and equal protection under the law, regardless of race, colour, creed, sex, or national origin.
