The Alaska Constitution

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An Introduction

"In 1955 the Territorial Legislature passed the Constitutional Convention Act, putting in motion the election of convention delegates by district ensuring territory-wide representation for the convention. Thirteen of the delegates were from Anchorage, 11 from Fairbanks, seven from Juneau and the remainder from 18 other communities.

Fifty-five delegates from Election Districts, Federal Judicial Districts and from the Territory at large were elected by popular vote in the fall of that year. They were instructed to meet at the University of Alaska in Fairbanks, Alaska on November 8, 1955. These delegates, all Alaskans by choice or birth, had 75 days to study and write a constitutional document for the civil authority of a new state, "Alaska."

The hour arrived, the Colors presented, and the gathering united in prayer as they took on this new task - crafting a document that Alaskans would have to approve by vote. It began with tedium amidst our excitement to get on to the larger issues. We had to adapt meeting times to bus schedules; agree on rules governing the Convention and acquire a gavel - all interesting tidbits of the beginning of history. These minor concerns were soon forgotten in the wake of arguments for unicameralism and for bicameralism; whether judges should be elected and how to ensure the wise use of our resources.

This document is the product of Alaska pioneers, a spirit of independence and self-government. It is your guarantee that the Individual will always be in charge.

Surely one is moved by the simplicity and power of this document. As delegates to the 1955-56 Constitutional Convention, we each sought to create a document that was powerful and personal. Please read it and understand its continuing dedication to you as the governor, not the governed".

John B. "Jack" Coghill
Convention Delegate, former Senator and Lieutenant Governor

Prior to the public vote to ratify the constitution, A Report to the People of Alaska from the Alaska Constitutional Convention was distributed to Alaskans.

"It stated that in writing the constitution, the convention had determined that:

-It should embody the best of America's 180 years of experience in self-government

-It should fit the special needs and traditions of Alaska

-It should be short and flexible to allow for the great changes that the future will bring to Alaska

-It should provide for a government that is energetic in fostering the growth and development of the whole State and the welfare of all the people.

-It should respect and guard the equal right and dignity of all citizens...

Separation of Powers and Structure of Government

"As primary vehicles for serving and protecting the interests of the people, state and local governments receive major attention in every state constitution. Each constitution spells out the basic structure of government and delineates authorities of the various branches and levels of government. The approach, however, varies from state to state. Some constitutions, particularly those of the past century, place emphasis on severely limiting and detailing grants of power. Quite often, weak government is assured through wide dispersal of authority and careful proscription of governmental powers. On the other hand, the newer trend in state constitutions has been toward return to the federal constitutional pattern and its more direct approach to structuring government and creating broad reservoirs of authority.

Alaska's constitution follows the approach of providing broad grants of power to each branch and level of government. In establishing the governmental structure, Alaska delegates did not feel that one branch of government should be more powerful than another. Rather, they largely predicated drawing of the constitution and its individual articles on making each branch-the legislature, executive, and judiciary-effective and strong in its own right. Similarly, they saw no dichotomy between a major state role in local government and the exercise of maximum self-government at the local level. Convention members acted on the premise that just as individual prerogatives should be enhanced to the utmost under the state, so government should function as effectively as possible. This philosophy is reflected in the constitutional provision for the structure of state and local government."

Victor Fischer
Convention Delegate

Alaska's Constitutional Convention, Victor Fischer, University of Alaska Press, 1975

In 1955, granting of statehood to the Territory of Alaska was a dream of many territorial citizens. There was a path forward toward the goal of state hood, but he road was long, rocky and the results not guaranteed. In 1956, as part of the bold and evolving campaign for statehood, the territorial legislature passed the Constitutional Convention Act which initiated the election, by popular vote, of 55 delegates from across the territory for the purpose of crafting a state constitution. [Fifty five was the year and the number of delegates to both the Alaska Constitutional Convention as well as U.S. Constitutional Convention in1787] [For more on the Territorial strategy to be granted statehood see https://www.alaska.edu/creatingalaska/statehood-files/tennessee-plan/admission-of-the-bold/]

Elected delegates were to convene in Fairbanks at the University of Alaska campus on November 8, 1955 and spend the following two and a half months drafting a constitution for the yet to be realized State of Alaska.

Delegates were fielded from:

Cordova

Ketchikan

Palmer

Kodiak

Homer

Klawock

Wrangell

Petersburg

Unalakleet

Seward

Anchorage

Fairbanks

Juneau

Nome

Haines

Sitka

Valdez

Nenana

Dillingham

Kotzebue

Just as delegates came from diverse geographical locations, they came with different work backgrounds. Delegates in Fairbanks included:
18 Business people
13 lawyers
4 miners/Engineers
3 fishermen
3 housewives
2 pilots
2 clergy
2 engineers
1 farmer
1 Builder
1 photographer
1 teacher
1 newspaperman
1 pharmacist
1 city planner
1 city administrator

The Delegate's work product, the constitution of the State of Alaska was put to voters on April 24, 1956. The Alaska Constitution Ratification Act or Proposition 1, was approved by over 68% of the territorial voters. While the Constitution was ratified in 1956, the territory's petition for statehood would not be granted until January 3, 1959. [Proposition 2 on that April's ballot called for the immediate election of two Senators and one Representative to be sent to Washington D.C. regardless of Statehood status. The following Oct.9th, a full Congressional Delegation was elected and sent to Washington to lobby for Statehood. See https://www.alaska.edu/creatingalaska/statehood-files/tennessee-plan/introduction-of-atp/

Alaska and U.S. Constitutions

Separation of powers is a doctrine of constitutional law - within both the Alaska and U.S. Constitutions - under which the three branches of government (executive, legislative, and judicial) are kept separate. The legislative branch makes the laws; the executive branch executes the laws and the judicial branch interprets the laws. The Alaska and U.S. constitutions establish a system of separation of powers and checks and balances that ensure no one branch has too much power.