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48-656: In the 1940s, the movement for Alaska statehood was gaining momentum within the territory , but stymied by opposition from Lower 48 commercial interests and some members of Congress . Many statehood proponents felt that a well-written constitution would help advance the cause in Washington, D.C. As a result, one of the duties the Alaska Territorial Legislature laid upon the Alaska Statehood Committee, established in 1949,

96-511: A de facto dependent of the commerce on the state of Washington . The U.S. Supreme Court ruled that the provision of the Constitution saying one state should not hold sway over another's commerce did not apply because Alaska was only a territory. The prices Seattle's shipping businesses charged began to rise to take advantage of the situation. The Great Depression caused prices of fish and copper, which were vital to Alaska's economy at

144-481: A bicameral Alaska Legislature , composed of 20 senators elected for four years and 40 representatives elected for two. Many delegates favored a unicameral legislature; this failed but is reflected in the large number of purposes for which joint sessions are required. The delegates trusted the legislature to act responsibly, so the constitution does not contain the detailed limits on the legislature often found in other states. Article III vests executive power in

192-469: A governor elected for four years. The governor and lieutenant governor are elected on a single ticket, and are the only statewide elected officials. Territorial executives were weak, with federal bureaucracy exerting weight from above and elected territorial legislatures limiting the authority of the Presidentially -appointed governor with a variety of special commissions. The delegates desired

240-472: A Delegate to Congress, introduced Alaska's first statehood bill, but it failed for lack of interest from Alaskans. Even President Warren G. Harding 's unprecedented visit in 1923 (just days before his death) could not create widespread interest in statehood. Under the conditions of the Second Organic Act, Alaska had been split into four divisions. The most populous of the divisions, whose capital

288-403: A minimum of local government units, and to prevent duplication of tax-levying jurisdictions." Thus Article X states that the only local government units are cities and boroughs (both organized and unorganized ), and only organized boroughs and cities may levy taxes. Article XI sets out procedures for the use of initiatives to "propose and enact laws", referendums to "approve and reject acts of

336-532: A photographer whose collection represents a significant documentation of mid-20th century life in Alaska; Leslie Nerland, who took his father's department store in Fairbanks and turned it into a statewide empire, even extending to Hawaii at one point; Barrie M. White, an Anchorage entrepreneur and real estate developer, and Ada Wien, from a pioneer Alaskan and pioneer aviation family. The constitutional convention

384-505: A strong, streamlined executive, so Article III gives the governor more power than most of his or her counterparts in other states. The governor also has a large amount of patronage; he appoints the heads of all executive departments (most states provide for some to be elected), who are required in general to be people, not multi-member boards. Article IV creates the Alaska Court System . While in many states judicial authority

432-678: Is defined in Section 20. 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

480-634: Is fragmented among several levels of jurisdiction with many special courts, the delegates designed the Alaska judiciary to be a single, unified system. The constitution specifies the Alaska Supreme Court , the Alaska Superior Court, and leaves other courts to be "established by the legislature" as needed. Article IV provides for Missouri Plan selection of judges. Article V's provisions are mostly standard, setting such things as voting age and election dates. It guarantees both

528-488: 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

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576-487: 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 Ordinance No. 3 ) and ensure reasonable development to broaden Alaska's economic base. The chief principle was that resources should be managed as a public trust , providing "for maximum use consistent with the public interest ", further defined as "utilization, development, and conservation ... for

624-623: The 19th Amendment as it was a territory. Racial segregation was practiced in Territorial Alaska toward Native Alaskans lasting until 1945 when the Alaska Equal Rights Act of 1945 was signed into law banning racial segregation and discrimination making it the first law of its kind in the United States. On January 3, 1959, Alaska became the 49th state. There was some delay because of concern by members of

672-536: The Cold War . Alaska's strategic importance to the United States became more apparent during World War II. In April 1942, over 200 people of Japanese origin in the territory were forcibly removed and sent to internment camps inland as a result of Executive Order 9066 , which authorized the government to evict and intern any person of Japanese descent from the Pacific Coast . From June 1942 until August 1943

720-549: The secret ballot and provides for judicial review of contested election results. A requirement that voters must be able to " read or speak the English language " was removed by amendment in 1970 after the passage of the Voting Rights Act of 1965 . 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,

768-662: The 1899 Criminal Code which, among other things, included a tax on liquor, led to increased calls for Alaskan representation in Congress, and the debate finally ended on August 24, 1912, when the Alaska District became an organized, incorporated territory of the United States. The Second Organic Act of 1912 renamed the District to the Territory of Alaska. By 1916, its population was about 58,000. James Wickersham ,

816-540: The Board of Regents, was temporarily handed over to the delegates who assembled to create the new document at a constitutional convention . Fairbanks (technically, in this instance, College ) was selected as the site instead of Juneau , the territorial capital, to escape the influence of lobbyists and to benefit from the academic setting. The latter consideration was largely influenced by New Jersey 's choice of Rutgers University for its 1947 convention. The convention

864-654: 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 McCarthyism . Section 22 establishes the right to privacy ; the Alaska Supreme Court has interpreted this to protect, among other things, home possession of small amounts of marijuana ( see Ravin v. State , 537 P.2d 494 (Alaska Supreme Court 1975).). Article II establishes

912-692: The Japanese invaded the U.S. by way of the Aleutian Islands chain, in the Battle of the Aleutian Islands . This marked the first time since the War of 1812 that American soil was occupied by a foreign enemy. The Japanese were eventually repelled from the Aleutian Islands by a force of 34,000 American troops. In the spring and summer of 1945, Cold Bay on the Alaska Peninsula was the site of

960-534: The Union of States, do ordain and establish this constitution for the State of Alaska. 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

1008-447: 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

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1056-659: The agency name was changed to Alaska Territorial Police and additional personnel were hired from among the U.S. marshals' ranks. The agency became the Alaska Territorial Police in 1953, and again changed its title to Alaska State Troopers in 1967. Prior to statehood, the Federal Bureau of Prisons had correctional jurisdiction over Alaska. Under the Tennessee Plan, Alaska had unrecognized senators and an at-large representative, also being

1104-485: The aims of the delegates was to produce a short, general document, on the model of the United States Constitution . Rather than specify most aspects in minute detail, as did many state constitutions, the delegates chose instead to leave broad authority to future state legislatures . The resulting document is thus only half the average state constitution length of 26,000 words. Much of the language in

1152-499: The belief that only those who grew up with climates similar to that of Alaska's could handle settler life there. The United Congo Improvement Association asked the president to settle 400 African-American farmers in Alaska, saying that the territory would offer full political rights, but racial prejudice and the belief that only those from northern states would make suitable colonists caused the proposal to fail. The exploration and settlement of Alaska would not have been possible without

1200-746: The delegates. The oldest delegate, Earnest B. Collins, was speaker of the 1st territorial House in 1913. Collins lived in Alaska longer than any delegate except for Peratrovich, having arrived in 1904. The youngest delegate, Thomas C. Harris, had only lived in Alaska for around five years and had been elected by some 150 votes cast in and around the Valdez area. Other delegates who were notable outside of law and politics include: Fairbanks bush pilot Frank Barr; mining engineer and Fairbanks Exploration Company executive John C. Boswell; Swiss emigrant and Kachemak Bay homesteader Yule F. Kilcher; World War II era military officer Marvin R. " Muktuk " Marston; Steve McCutcheon,

1248-426: The development of aircraft, which allowed for the influx of settlers into the state's interior, and rapid transportation of people and supplies throughout. However, owing to unfavorable weather conditions and the high ratio of pilots to population, over 1,700 aircraft wreck sites are scattered throughout Alaska. Numerous wrecks also trace their origins to the military build-up of the state during both World War II and

1296-429: The first post-statehood census , and is now obsolete. 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 statute or initiative. This has allowed, for instance, the various initiatives to move the state capital , as Juneau's capital status

1344-638: The formation of a dedicated territorial law enforcement agency, law enforcement in Alaska was handled by a various federal agencies for decades including the U.S. Army , Navy , and the Revenue Cutter Service . With the establishment of a civilian government in 1884, the United States Marshals Service also deployed deputy U.S. marshals across the territory. Federal marshals, police departments chartered by cities, and other federal law enforcement officers would serve as

1392-463: The governor held this authority. Article VII is the shortest in the constitution, mandating a "system of public schools open to all children of the State [...] free from sectarian control", establishing the University of Alaska as the state university , and directing the legislature to "provide for the promotion and protection of public health " and "provide for public welfare". Article VIII

1440-524: The largest and most ambitious transfer program of World War II, Project Hula , in which the United States transferred 149 ships and craft to the Soviet Union and trained 12,000 Soviet personnel in their operation in anticipation of the Soviet Union entering the war against Japan . At any given time, about 1,500 American personnel were at Cold Bay and Fort Randall during Project Hula. During

1488-461: 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 set up the initial apportionment of the legislature, to be used prior to

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1536-479: 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 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 sets procedures for constitutional amendment. Amendments can originate either with

1584-527: The maximum benefit of [the] people"; for common access to resources; and for development to be based on sustainable yield . Article VIII also provides for state parks and protected areas , and for the leasing of state lands for resource development. Article IX deals with budgeting , appropriations , tax exemptions , public debt , and bans " earmarking ". Later amendments established the Alaska Permanent Fund and budget reserves. Article X provides for Alaska's unique borough system. Local government in

1632-512: The national Republican Party that Alaska would elect Democratic Party members to Congress, in contrast to Hawaii , which was also a contender for statehood at the same time and thought to have Republican Party support. In recent years these predictions have turned out to be just the opposite for both states. The Governor of the Territory of Alaska was appointed by the President of the United States and not an elected position. Alaska's governor

1680-452: 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

1728-738: The new constitution was a reaction against weak territorial institutions (thus the strong legislature and executive provided for in Articles II and III). At the same time, a state constitutional reform movement was growing in the United States , and ideas such as the "broad strokes" approach and the unified judiciary of Article IV incorporated leading constitutional thought. 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

1776-516: The primary means of territorial law enforcement until 1941, when the territorial legislature created the Alaska Highway Patrol. Highway patrolmen only patrolled the main highways of Alaska, and did not visit remote areas or regions. They were commissioned to only enforce traffic laws. They were eventually deputized as special deputy U.S. marshals to fill this void in jurisdiction. The legislature refused to make them police officers until

1824-474: The territorial legislature's first session in 1913 a variety of reforms were undertaken including: allowing women to vote, creating an 8 hour work day and other labor regulations, gave autonomy to some Native Alaskan villages, created a board in the territory for education and regulated mining conditions. The territory did give some Native Alaskans the right to vote in 1915 under the condition that they "gave up tribal customs and traditions." Alaska did not ratify

1872-489: The territory was undeveloped, due to its sparse population and the Organic Act of 1912 which banned the creation of counties . The delegates wished to avoid the pitfalls of the traditional county system, such as overlapping jurisdictions and service districts, and tightly constrained local bodies, so they created an entirely new system. The aim, as stated in Section 1, was "to provide for maximum local self-government with

1920-480: The time, to decline. Wages were dropped and the workforce decreased by more than half. In the mid 1930s, President Franklin D. Roosevelt thought Americans from agricultural areas could be transferred to Alaska's Matanuska-Susitna Valley for a fresh chance at agricultural self-sustainment. Colonists were largely from northern states in the Upper Midwest , such as Michigan , Wisconsin , and Minnesota under

1968-512: 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. As of 2006 there have been 28 amendments to the Alaska Constitution, as well as 12 which were rejected by voters. This

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2016-548: Was Juneau, wondered if it could become a separate state from the other three. Government control was a primary concern, with the territory having 52 federal agencies governing it. In 1920, the Jones Act required U.S.-flagged vessels to be built in the United States, owned by U.S. citizens and documented under the laws of the United States. All goods entering or leaving Alaska had to be transported by American carriers and shipped to Seattle prior to further shipment, making Alaska

2064-707: Was absent, having resigned his position in protest of the finished document and returned to Juneau . The constitution was ratified by territorial voters on April 24, 1956, and became effective when the Alaska Statehood Proclamation was signed on January 3, 1959. The delegates drew on several sources for inspiration: the National Municipal League's " Model State Constitution " as well as the recently adopted constitutions of Missouri , New Jersey , and Hawaii , and studies by consultants and constitutional law scholars. One of

2112-553: Was appointed for a term lasting four years having the power to veto any bill but could be overridden by a 2/3rd vote in the legislature. The Alaska Territory did not have a territorial judiciary system and all matters were taken care of by federal courts. Alaska's territorial capitol had been in Sitka until 1906, when it was moved north to Juneau . Construction of the Alaska Governor's Mansion began that same year. Prior to

2160-446: 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 University of Alaska Fairbanks campus. One delegate, R. E. Robertson ,

2208-610: Was later declared unconstitutional in Obergefell v. Hodges ). Alaska Territory The Territory of Alaska or Alaska Territory was an organized incorporated territory of the United States from August 24, 1912, until Alaska was granted statehood on January 3, 1959. The territory was previously Russian America , 1784–1867; the Department of Alaska , 1867–1884; and the District of Alaska , 1884–1912. Passage of

2256-417: Was led by then-territorial Senator William A. Egan , who became the state's first governor . The other delegates, 49 men and six women, included territorial legislators Ralph J. Rivers , who became U.S. Representative from Alaska at-large , and Jack Coghill , who became lieutenant governor . Frank Peratrovich, the mayor of Klawock who was also a territorial legislator, was the only Alaska Native among

2304-494: Was to "assemble applicable material, make studies and provide recommendations in a timely manner" preparatory to drafting a constitution. On November 8, 1955, 55 elected delegates from across Alaska (a number chosen to echo the 55 in attendance at the Philadelphia Convention of 1787) met at the brand new student union building at the University of Alaska . The building, quickly christened Constitution Hall by

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