AIP proposed changes from AIP website
https://www.aipliberty.com/endorsementsTo All Alaskans:
In 2022 there will be a ballot referendum, required every 10 years: “Shall there be a
constitutional convention?”
The Alaskan Independence Party certainly thinks so. About 10 years ago a group of like-minded
Republicans, conservative independents and AIP citizens met in Nikiski, Anchorage and
Fairbanks and began to hammer out ideas.
What is submitted below is acknowledged as an incomplete constitution, but it will begin the
process of identifying the woes that have plagued liberty and prosperity that have been Alaska’s
lot since before statehood: federal control and the fact that we are not on an “equal footing” with
the other states in the Lower 48.
In 1955 a “model state constitution” was borrowed from the Rockefeller-funded University of
Chicago and was the template that crafted Alaska’s constitution, with of course many
modifications.
I have even left standing Red Font, which indicated that our group had not fully investigated
certain ideas and would need further discussion. Have at it!
In the upcoming convention at the Mat-Su Resort on October 17, 2020, we hope that our
delegates will have scanned this and vote to once again call for a constitutional convention --- a
“Con-Con”, to begin ending the “con” that was imposed upon us at statehood.
With best wishes to all,
Bob Bird
Acting Chairman of the AIP
10/8/2020
NEW ALASKA CONSTITUTION
PREAMBLE
We the People of Alaska, grateful to God for the endowment of Liberty and Resources, recognizing Him
as the author of Life, Liberty and the Natural Law, eager to claim the proper relationship with the People
of the several and original states which has been denied, and which by natural right, belongs to us,
recognizing that our rights have been violated within the Union of States, understanding that the
Statehood Act did not provide an equal footing with the several and original states, and having endured
numerous usurpations from the government of the United States according to the laws of the 1787
Constitution of the United States, hereby ordain and establish this Constitution for Alaska.
Article I: THE NATURAL LAW
The sole purpose of a republican form of government is to protect the Life, Liberty and Property of the
people. This Constitution is dedicated to the principles espoused in the Declaration of Independence of
these United States of America. The Natural Law, from whom God is the Author, is the basis of all just
law, and may never be violated. Any act, statute, proclamation, resolution or court decision performed
or declared by any branch of government, that violates the Natural Law, is to be regarded as null and
void, unlawful, of no effect, and not binding upon citizens or the apparatus of any level of government. `
Natural rights are not granted by any government, but are given to each of the People by God upon
conception, extending even beyond death, as recognized by statutory and the common law. Therefore,
any listing of rights within this Constitution should be construed, not as granting or endowing people of
their natural rights, but as specifically limiting the powers of the state to interfere with the pre‐existing,
and irrevocable natural rights.
No international, national, state or local government or power may limit, usurp or deny natural rights.
This Constitution is pledged to protect the People from such usurpations, from any entity from within or
without of Alaska.
This Constitution recognizes the hierarchy of law, in that within the family of laws there are those that
possess authority over others, in such order:
1. Natural Law
2. Constitutional Law
3. Statutory Law
4. Common Law
5. Case Law
If any act, decision, decree or order, by the executive or judicial branches, violates the Natural Law,
articles of impeachment shall be introduced, without being laid upon the table, and will supersede any
and all business, until the matter be investigated through the proper process of committee, and from
there, if passed, to be considered by the legislative body for further discussion, amendment and action.
The executive and judicial branches, being subservient to the legislative, shall have no power in the
expulsion or impeachment process, except in enforcement.
Article II: THE UNION OF STATES AND THE GOVERNMENT OF THESE UNITED STATES
Alaska declares its desire to become a state within the proper union of the several states, but recognizes
that this union is threatened, not by any act of Alaska or any of its sister states, but by the actions of the
government of the United States, through its refusal to obey the limitations imposed upon it by the
states and the people, through the instrument known as the Constitution of the United States of 1787,
as lawfully and properly amended.
The People of Alaska hereby declare that the membership in the Union of States, stylized by the name
“United States of America”, is flawed, and not in conformity with the Constitution of the United States
of 1787; nor are given the same rights retained by the people of the several states; they further declare
that membership in the union is voluntary, and by Natural Law, as cited in the Declaration of
Independence of the united [sic] States of America, reserve the right to withdraw from the Union of
States, under such mechanism as may be prescribed by the People, their legislature, and the State of
Alaska.
The conflict and imposed resolution stylized by the government of the United States as “The War of the
Rebellion, 1861‐1865”, does not change the fundamental sovereignty of the State of Alaska, or its sister
states within the Union of States, or the Natural Law as cited in the Declaration of Independence; that in
order for a harmonious relationship to exist between Alaska, the other states within the Union of States,
and the government of the United States, that Amendment 9 and Amendment 10 must be obeyed by
the government of the United States; that the government of the United States, having willfully and
intentionally ignored and violated the Constitution of the United States, must restore its obedience to it;
that it exercises many of its powers unlawfully; and has abrogated for itself powers not granted by the
states or the people; and that in order for Alaska to maintain a harmonious relationship within the
Union of States, it demands redress and correction, and calls upon its sister states to join in renouncing
these usurpations by the government of the United States, which threatens the Union of States.
Alaska hereby repudiates all conditions in violation of the Constitution of the United States that were
imposed upon it as a requirement for entry into the Union of States. The citations herein listed and
defined as violations of the Constitution of the United States are not inclusive, and the Secretary of State
of Alaska, through the oversight of the legislature, is empowered to further identify violations
committed by the government of the United States, both before and after statehood, by which Alaska
has been required to accept and endure, in violation of both Natural and Constitutional law.
1. The State of Alaska declares that ownership of property by the United States, in violation of
Article I, Section 8, clause 17, of the Constitution of the United States, is unlawful.
2. The State of Alaska repudiates Article 12, Sections 12 and 13 of the State Constitution of 1956,
as unconstitutional and coercive, as noted above in citation #1.
3. The State of Alaska declares that the alleged Amendment 14, the alleged Amendment 16 and
the alleged Amendment 17 of the Constitution of the United States, were fraudulently ratified,
according to the guidelines of Article V of the Constitution of the United States, and are
therefore null and void.
4. The State of Alaska declares that the Supreme Court of the United States has no power to usurp
the rights of the State of Alaska, as recognized by Amendment 10 of the Constitution of the
United States, and limited only by Article I, Section 10 and Article VI of the Constitution of the
United States; and that the Supreme Court of the United States has no power to enforce its
interpretations of the Constitution of the United States, or to interfere with state laws, other
than those granted in Article III, Section 2 of the Constitution of the United States; and that
therefore any and all decisions by the Supreme Court of the United States, usurping the right of
Alaska to decide questions not within the province of the United States Constitution, are null,
void and of no effect.
5. The State of Alaska declares that the government of the United States is in violation of Article I,
Section 10, Clause 1, by issuing bills of credit and forcing states to use an instrument other than
gold and silver coin as a tender in payment of debt.
6. The State of Alaska declares that the government of the United States is in violation of
Amendment 10 of the Constitution of the United States, by empowering the private Federal
Reserve Bank to issue bills of credit on its behalf, to encumber debts from it, and that must be
accepted and borne by the people, the several states, and the State of Alaska.
7. That the statehood act violated the Northwest Ordinance of 1787 by entering the union with
boroughs, instead of counties, as local government.
The Secretary of State of the State of Alaska, through legislative oversight, shall be required to
report to the legislature, meeting in unicameral session, by February 1 every odd‐numbered
year, upon the violations committed by the government of the United States against the
Constitution of the United States since 1789, and to make recommendations to the legislature,
and to the governor, for remedy.
Article III: GOVERNMENT
This Article is meant to repudiate, invalidate and expunge Article 12, Section 8 of the Alaska Constitution
of 1956, from any future consideration by the State of Alaska and its legislature, executives, and courts:
There shall be a basic philosophy of limited government within this constitution. No powers may be
exercised by any branch of government except as specifically granted herein by this instrument. Any
effort by any official of the state, to usurp powers not herein granted, by statutory enactment, executive
order, or judicial decision or decree, shall be cause for expulsion, recall or impeachment; and any
enactment, executive order or judicial decree to the contrary shall be null and void, of no effect, and the
sheriffs of each county are hereby empowered and required to resist any such application or
enforcement.
A. Local Government
Alaska shall no longer provide for, nor recognize, the political subdivision known as a “borough”.
Within six months of approval of this constitution, and before a new legislature shall have been elected
under its mandate, Alaska shall be divided into twenty counties, and encompassing the entire territory
of the state, with one Senator, to be duly seated within the state legislature, chosen by each of the
respective County Boards.
The following counties shall be recognized upon commencement of this constitution, and shall be
stylized or named according to the preference of their respective county boards, and comprised from
within the boundaries of the former pre‐existing organized or unorganized boroughs, with such
combination as noted:
1. Ketchikan‐Gateway/Prince of Wales‐Outer Ketchikan, Provided that the people of the former
Borough of Outer Ketchikan‐Prince of Wales shall have the option of joining the Wrangell‐St.
Petersburg county, or the Sitka county
2. Wrangell‐St. Petersburg
3. Juneau
4. Sitka
5. Haines/Skagway‐Hoonah‐Angoon/Yakutat
6. Valdez‐Cordova
7. Anchorage
8. Kenai Peninsula
9. Matanuska‐Susitna
10. Fairbanks‐Northstar
11. Denali/Southeast Fairbanks
12. Yukon‐Koyukuk
13. North Slope
14. Arctic‐Northwest
15. Nome
16. Bethel/Wade Hampton, Provided, that the people of the former Wade Hampton Borough shall
have the option of joining with the Nome county.
17. Dillingham/Bristol Bay
18. Kodiak
19. Lake and Peninsula
20. Aleutians
The County Boards shall be chosen by the eligible voters within each county within 2 months of the
referendum that has approved this Constitution. Until a charter has been approved by the people, each
county board shall contain five members. A presiding officer shall be chosen from amongst the five, and
by the five, whereupon each board shall immediately choose one state senator.
The county boards shall draw up their own charters within six months of their first assembly, to be
submitted to the people of the county for approval.
Each county shall have one sheriff, chosen by, and solely responsible to, the people thereof, for a term
no longer than four years.
Each sheriff shall have such powers as recognized by the common law, unless restricted by amendment
to this constitution.
No municipality shall be permitted to be within the confines of more than one county.
[Needs further discussion, below]
Two years after the legislature has assembled under this constitution, the legislature may increase the
number of counties, but only by a 2/3 vote in unicameral session, upon application of a proposed
newly formulated county, by a special vote of the people, conducted under the oversight of the state
and the Lieutenant Governor, within the proposed new boundaries; or, a new county may be
formulated by a special vote of the people within proposed new boundaries, which also enjoys the
consent of any and all County Board(s) from which a new county may be drawn, and accepted by a
majority vote of the legislature in unicameral session.
B. Legislative Branch
There shall be a rank of authority within the branches of government, in such order: 1. The Legislative, 2.
The Executive and, 3. The Judicial.
This constitution is formed upon the premise of a balance between the popular will and local
government. Therefore, all legislative powers herein granted are vested in a legislature, consisting of the
House of Representatives, chosen by the people; and a Senate, chosen by the counties.
The legislature shall have power in both a bicameral and unicameral fashion, herein described.
The Legislature is required to meet every second year, but may meet annually upon request of the
governor, or by a call of the majority of all its members in a unicameral count, whenever the President
of the Senate and the Speaker of the House concur. The legislature shall assemble within 30 days of a
call at such location prescribed below:
The legislature shall rotate the location of its deliberations equitably between Anchorage, Fairbanks
and Juneau, as may be prescribed by law; reserving the residence for the governor, records, and other
state government functions, at a new capital, according to the Referendum of 1974.
The legislature is empowered, by statute, to waive their deliberations from including Anchorage and
Fairbanks, to meet at the designated new capital, according to the Referendum of 1974, but never
from Juneau; whereupon the legislature shall assemble on an equitable and alternate basis between
the new capital and Juneau.
Whenever meeting in unicameral session, the Speaker of the House, or its other officers as the Speaker
may designate, shall preside, and such sessions shall be held in the chambers of the House of
Representatives.
No privilege or immunity from the law is granted to any legislator while in office, except that no
legislator may be arrested while going to, coming from, or while in attendance of any official legislative
function, except for treason or felony.
All legislation must pass a majority of both the Senate and House of Representatives when meeting in
bicameral session, within their properly designated chambers, and when a quorum is present. [Lynette
suggests 2/3 for all legislation]
A quorum shall consist of a majority of the whole number of each chamber. When meeting in
unicameral session, a quorum shall consist of a majority of each chamber. [Lynette suggests 2/3]
The legislature shall convene in regular session at least every odd‐numbered year, on the third Monday
in January for the House of Representatives, and on the third Tuesday in January for the Senate, but the
day and month may be changed by law. [Why different days?]
All bills must be confined to one subject unless it be an appropriation bill, or one for codifying,
rearranging or revising existing laws. Bills for appropriations shall be confined to appropriations. The
subject of each bill shall be expressed in the title. The enacting clause shall be: “Be it enacted by the
Legislature of the State of Alaska.”
Each house shall create a journal for its proceedings, and establish the procedure for enactment of bills
into law. No bill, resolution or proposed amendment to the Constitution of the United States may
become law or be otherwise approved unless it has passed three readings in each house on three
separate days, no exceptions permitted. And no law may pass by voice vote, but the yeas and nays of
each bill shall be recorded in the journal.
When an amendment to the Constitution of the United States is considered, the legislature shall meet in
bicameral session, and each house shall separately deliberate the amendment, and approval of the
amendment shall require a two‐thirds majority vote of each house, and the signature of the governor, as
in the case of a bill.
The legislature may be convened in Special Session by the Governor, within thirty days of his call, or
by the legislature, in a manner to be prescribed by law, and for not more than ten days, Sundays
excepted, unless by a majority vote of both chambers, may be extended for never more than five
days, whereupon the legislature shall be required to adjourn, and may not be convened for another
30 days, unless by a 2/3 vote of the whole number of legislators, meeting in unicameral session, may
extend the Special Session indefinitely, provided that a 2/3 vote of the whole number of legislators, in
unicameral session, be taken every 5 days, to confirm extension.
Upon election of the first legislature under this constitution, and only until a Speaker is chosen, the
Governor shall preside in the House of Representatives, but only for that purpose. The House of
Representatives shall be required immediately to choose the Speaker of the House, from amongst its
members, and once chosen, the Governor shall immediately vacate as presiding officer. The House shall
then choose their other officers, from amongst its members.
On those years when the term of the Lieutenant Governor shall have expired, and upon assembly of the
first legislature under this constitution, the House of Representatives shall choose a Lieutenant
Governor from amongst its members, immediately following the selection of its Speaker and other
officers, and the Oath of Office shall be immediately administered by the Speaker of the House, with
the previous seat becoming vacant, to be filled according to the requirements of this constitution.
Upon election of the first Senate under this constitution, and until a President is chosen, the Speaker of
the House shall preside in the Senate, but only for that purpose. The Senate shall be required
immediately to choose a President from amongst its members, and once chosen, the Speaker of the
House shall immediately vacate as presiding officer. The Senate shall then choose its other officers, from
amongst its members.
Upon the convening of the first Senate under this constitution, and on those years when the term of the
Secretary of State shall have expired, the Senate shall choose one, immediately following the selection
of its President and other officers, and before the Oath of Office has been administered, a bond of ten
ounces of gold, or one hundred and sixty ounces of silver, shall be posted. The Oath of Office shall then
be immediately administered by the President of the Senate.
Each senator shall serve a four year term, except as noted below according to their respective class, and
the Senators shall be chosen by their respective County Boards.
In preparation for the first legislature under this constitution, they shall be elected in such a manner as
near as may be, such that half the senators are chosen every two years, into classes designated as
“Gold” and “Blue”. The classes are to be determined by drawing lots under the authority of the outgoing
Lieutenant Governor of Alaska chosen from the most recent election under the Constitution of 1956,
and while still in office. The Senators of the “Gold” class are to be granted four year terms from the
commencement of the first legislature of this constitution, and Senators of the “Blue” class are to be
granted two year terms from the commencement of the first legislature of this constitution. If and when
additional counties are created, the Secretary of State shall draw lots, under his authority, for the
designation of any new senator(s) into the “Gold” or “Blue” class.
No senator shall be subject to recall by the County Board at any time during his designated term, except
after being found guilty of a felony.
Senators shall be required to have attained 28 years of age, been a legal citizen of Alaska for at least 10
consecutive years immediately prior to election, and a resident of their own county for at least 3
consecutive years immediately prior to election.
Members of the House of Representatives shall be subject to recall as provided for by this constitution.
The House of Representatives shall be chosen by the legally qualified voters within their own legislative
district. Their numbers shall never exceed more than twice the total number of senators. Each
representative shall serve a two year term, under such districts as existed before this constitution
became effectual, and to be later modified as the legislature may direct.
Members of the House of Representative shall be required to have attained 23 years of age, been a legal
citizen of Alaska for at least 5 years, and been a resident of their legislative district for at least two years
immediately prior to their election.
All vacancies are to be filled within 6 weeks after the vacancy in the House of Representatives, and only
by special election, provided that the vacancy occurs at least 200 days prior to the next general election.
All vacancies in the Senate are to be filled by the County Board within 2 weeks after the vacancy has
occurred.
Each house shall adopt uniform rules of procedure, and choose their own officers, as well as the
Sergeant at Arms and other unelected assistants. Each house shall be the judge of its own elections.
Disputed elections considered by the House of Representatives must be resolved within 2 months after
an official notice of a contested election has been received by the Lieutenant Governor. Each house shall
be the judge of the qualifications of its members.
No legislator may hold any other office or position of profit under the United States or the State of
Alaska. During the term for which elected, no legislator may be nominated, appointed or elected to any
other office or position of profit which has been created, or the salary and emoluments increased, while
he was a member, provided, that upon assumption of a previously existing office by which the
emoluments have been increased, the legislator forego the increased salary, and accept the office at the
former level of compensation, until his term of office would have expired.
Discipline
All discipline, except for impeachment, shall be conducted in unicameral session. All civil officers of the
state are subject to reprimand, censure, impeachment and expulsion by the legislature.
Impeachment shall originate in the House of Representatives, which upon majority vote shall send the
issue to the Senate. The House of Representatives shall prosecute the case and a two‐thirds vote of the
members present in the Senate shall result in removal from office. When a member of the judiciary has
been impeached, the Secretary of State shall preside. In all other cases, any member of the state
judiciary may preside, subject to the choice of the Chief Justice.
Upon impeachment proceedings, no member of the Senate shall discuss the case until prosecution and
defense are completed, according to the rules at common law, as in trial by petit jury. Should any
member of the Senate, during an impeachment proceeding, be in violation of the rules at common law
as in trial by petit jury, he shall be automatically expelled from further participation in the impeachment
proceeding, according to the judgment of the Secretary of State, and shall be liable for further discipline,
according to the rules of the Senate.
The judgment of the Secretary of State may be challenged by any member of the Senate, excluding the
accused Senator or Senators, and may be overturned by a 2/3 vote of the whole number of Senators,
excluding the Senator or Senators who stand[s] accused.
Impeachment, and subsequent expulsion from office, shall extend to any member of the executive
and judicial officers investigation of felony, treason, malfeasance or misfeasance in the performance
of their duties. Malfeasance may consist of, but is not limited to: bribery, use of public office for the
benefit of themselves, or any private individual or entity. Misfeasance shall consist of incompetence,
or improper interpretation of their duties, this constitution, or the Natural Law.
The legislature may discipline in unicameral session any civil officer, short of impeachment, by
majority resolutions of reprimand or censure. If a reprimand, the legislature shall notify, in writing,
the offending party, and the signatures of the Speaker of the House and President of the Senate shall
be required, whether or not in personal agreement, upon pain of automatic constitutional expulsion,
and enforced by the Sergeant‐at‐Arms; as well as the signatures of those members who voted for the
reprimand. The reprimand shall be read into the legislative record, and the offending party must be
given notice, that a second reprimand within their term of office will automatically require censure.
Censure may be initiated without prior reprimand, and requires a 2/3 vote of the legislature in
unicameral session, unless for a second reprimand during the same term of office. The offending party
must appear before the legislature in unicameral session, the roll will be called, and members of the
legislature may respond accordingly. Censure may not include any fine or other bill of attainder, but
the legislature shall require a compilation, for remuneration to the state, of all legal fees accrued at
public expense by the party suffering censure.
Each chamber of the legislature shall judge only its own members. Discipline may include reprimand and
censure, according to the rules for the other branches of government. Censure may also have additional
penalties as each chamber may decide, according to its rules, but may not include a fine or any bill of
attainder.
Expulsion shall be by a two‐thirds vote of the number of members present in each chamber, providing a
quorum is present.
Compensation
Compensation for all officials of the state shall remain at the levels of the previous constitution of this
state, until otherwise determined by law. The pay of any member of the executive or judicial
departments may not be reduced during their continual tenure of office. Upon renewal of their terms,
pay may not be reduced, unless their terms have expired by failure of re‐election or reappointment,
resignation, or expulsion, and upon subsequent assumption of office, are subject to the new level of
compensation.
Any raise in pay for legislators shall be subject to approval by the people, in a referendum at the next
immediate statewide general election
C. Executive Branch
The last Governor and Lieutenant Governor, chosen under the Constitution of 1956, shall complete
their duly elected terms, should those terms extend beyond the commencement of this constitution,
but shall be bound by oath or affirmation to support this constitution by Noon on the day that it takes
effect. And they shall facilitate the commencement of this constitution, in all respects as may be
required herein, as if they were elected under it, provided that the Lieutenant Governor shall resign
by Noon of the day of the assembly of the first session of the House of Representatives. [NOTE: terms
expire with the old constitution]
The executive power shall be divided: there shall be a Governor, a Lieutenant Governor and a Secretary
of State.
The chief executive officer of the state shall be the governor, elected by the legally qualified voters of
Alaska, for a term of four years. No governor may serve more than two consecutive terms, and no
citizen may have acted as governor longer than 10 years within his lifetime.
The Governor and Lieutenant Governor shall be at least 35 years of age and been a citizen of Alaska for
at least 10 consecutive years immediately prior to election.
The Lieutenant Governor shall be elected for a term of four years, and shall be chosen by the House of
Representatives.
The Governor, Secretary of State, Lieutenant Governor, members of the legislature or members of any
elected or appointed office of the state, its political subdivisions, counties or city governments, shall not
hold any other office or position of profit or trust under the United States, the State, or its political
subdivisions.
In case of vacancy in the Office of Governor, the Lieutenant Governor shall assume the duties of
governor. In case of vacancy in the Office of Lieutenant Governor or Secretary of State, the respective
branches of the legislature, whose duty it is to elect those officers, shall immediately choose one.
If the Governor‐Elect dies, fails to qualify, or chooses not to assume office prior to the commencement
of his term, the Lieutenant Governor, chosen by the House of Representatives, shall assume the duties
of the office as soon as he is elected, but not before he is first sworn in as Lieutenant Governor. In the
event of a simultaneous vacancy of the Offices of Governor and Lieutenant Governor, the Secretary of
State shall become Acting Governor, until the House of Representatives shall have chosen a new
Lieutenant Governor, who shall assume the duties of Governor, as described above.
In case of the temporary inability of the governor to perform the functions of his office, the same shall
devolve upon the Lieutenant Governor as Acting Governor. The Governor may submit a temporary
resignation of duties, and resume them upon his own authority; and upon the inability of the Governor
to do so, due to physical or mental incapacity, the Lieutenant Governor shall assume the duties as Acting
Governor whenever the legislature, meeting in unicameral session called by the Speaker of the House
and the President of the Senate, concurs with the Lieutenant Governor, by three‐quarters vote of the
whole number of members.
The Secretary of State shall be chosen by the Senate, need not be a member of the Senate, but if so
must resign the position; shall be at least 40 years of age and 15 years a citizen of Alaska.
The Lieutenant Governor shall be chosen by the House of Representatives and need not be a member of
the House of Representatives, but if so must resign the position.
The Secretary of State shall hold all official communication between the State of Alaska and the
government of these United States, including the United States Congress, President and federal courts;
receive Alaska’s United States Senators and Representatives, and all United States Senators and
Representatives whose official duties might require them to visit Alaska; and advise them regarding
federal legislation; shall communicate to the legislature, the governor and the lieutenant governor, in all
respects regarding the government of these United States; shall represent the state at all official
ceremonies, and whenever possible, at unofficial and private ceremonies wherein the state shall be an
interested party, or upon invitation.
The governor shall be chosen by the qualified voters of the state at an election prescribed by the
legislature. The candidate receiving the greatest number of votes shall be governor, providing that that
candidate has received at least 50 percent, plus one, of the total number of votes cast. Failing that, the
two candidates with the most number of votes shall be submitted for consideration at a special election,
to be held within thirty days.
The term of office for the governor shall be for four years, beginning at Noon on the first Monday in
December following his election, and ending at Noon on the first Monday in December four years later.
Upon election, and before assuming office, the governor‐elect shall take the following oath or
affirmation: “I do solemnly swear (or affirm) to defend the rights and liberties of the people of Alaska, to
faithfully abide by the principles of the Natural Law and the Declaration of Independence of 1776. And I
promise to defend the Constitution of the United States and the State of Alaska, assuming responsibility
whenever those instruments may conflict with the rights and liberties of the people. And I ask for the
prayers of the people of Alaska, for the strength to faithfully discharge my duties with a pure heart and a
clear conscience, so help me God.” [Make him post a bond!]
The governor may veto bills passed by the legislature. He may, by veto, completely strike or reduce, but
never increase, specific items, but only in appropriation bills. He shall return all vetoed bills, together
with his objections, to the house of origin.
Upon receipt of a veto message of an appropriation bill during a regular session of the legislature, the
legislature may meet in unicameral session upon concurrence of the Speaker of the House and the
President of the Senate and consider passage of the vetoed bill. Entire bills to raise revenue and/or
appropriation items that have been completely struck, or reduced, may become enacted by affirmative
vote of three‐fourths of the legislature.
Other vetoed bills will become law only after a two‐thirds vote of both houses. Bills vetoed after
adjournment of the legislature may be considered only within five days, Sundays excepted, of the next
legislative assembly, whether in special or regular session.
A bill becomes law if, while the legislature is in session, the governor neither signs or vetoes it within
fifteen days, Sundays excepted, of delivery to his office, and within twenty days, Sundays excepted,
when the legislature is not in session.
Laws passed by the legislature become law ninety days after enactment, unless such an enactment be
challenged as a violation of Natural or Constitutional Law.
Challenges to statutes for alleged violations of the Natural or Constitutional Law may be done by receipt
of the Lieutenant Governor of a petition signed by a majority of the County Boards within the ninety
days after enactment, citing the specific Article/ Amendment and clause in this constitution that is
alleged to have been violated; or the violation of the Natural Law.
The Lieutenant Governor shall announce when a majority of the County Boards have objected, provided
that certified notices have been received by him within ninety days after legislative enactment. He shall
prepare a fair, full and just characterization of the law, together with a fair, full and just characterization
of the objections, for a referendum. The statute shall be ineffective until the Lieutenant Governor has
submitted the legislation to a popular referendum at the next general election. If approved by a majority
of the electors, it shall become law within one week after certification of the vote.
The governor may not introduce legislation, but may be consulted in an official capacity by any
legislative committee, and shall be required to respond, except to subcommittees, either in person, by
written statement, or by any deputy of his choosing.
The Governor shall be responsible for the faithful execution of the laws, through his Attorney General.
He may enforce compliance with any constitutional or legislative mandate through the local sheriffs. He
may restrain the violation of any constitutional, legislative or judicial power, by any officer, department
or agency of the state, or any of its political subdivisions. This authority shall not extend to authorize any
action or proceeding against the legislature.
The Governor may convene the legislature, either house, or the two houses in unicameral session.
[We need to research the role and powers of the att’y general: appointed, elected, scope of powers,
etc.]
D. Judicial Branch
There shall be a supreme court, superior courts and any other inferior courts that the legislature may
establish.
Qualifications of judges and justices shall be determined by law, and shall not be limited to only those
persons from credentialed institutions, but open to all citizens who otherwise meet the statutory
qualifications.
Whenever a vacancy shall occur in the supreme, superior or inferior courts that have been established
by law, the governor shall make appointment, to be confirmed by a majority of both houses of the
legislature.
Judges to the supreme, superior and inferior courts shall possess their office for five years, provided that
they serve under good behavior, and only once in their lifetime. Each judge and justice shall post a bond
for their term of office. [need to insert here how to post the bond, the amount, and how it can be
forfeited. Should the legislature permit differing amt’s according to ability to pay?] Judges of the
superior and inferior courts shall remain eligible for appointment to a higher court.
The judicial branch is to be the least influential of all branches of government, and is to adjudicate only
between contending parties, and to interpret statutes written by the legislature, on behalf of the
contending parties. Its decisions will only be as effective as the willingness of the governor, as chief
enforcement officer through the Attorney General and the Department of Law, to enforce any decision.
The executive will reserve the right to review any and all decisions in regards to conformity to Natural,
constitutional, statutory and common law.
Any interpretation by the judiciary of this constitution, or the statutes written by the legislature, shall be
merely their own, and applicatory only to the contending parties upon executive concurrence, and not
to the legislature, the executive, or the people.
The executive shall also have power of interpretation, by refusal to enforce a law or judicial decision, but
only when in writing, and delivered to the Speaker of the House and President of the Senate, within
thirty days after a judicial decision is rendered and sealed, or immediately when a statute becomes
effective, and is limited only to violations of the Natural Law, or of this constitution.
The refusal to enforce a law does not remove the law from its statutory integrity, and the legislature
may, but is not required, to use such refusal as grounds for impeachment.
Article IV: EDUCATION
This constitution maintains that education is the responsibility of the family and of the individual, and
not the state. Local school districts may provide for public education, but the financing shall originate
only from those who utilize the service directly, or from the revenues accrued within each school
district, and upon the application of the school district, by subsidy from the legislature.
The state recognizes the responsibility and genius of local control in education, and as such cannot
mandate a statewide uniform curriculum.
The state shall not subsidize private or home education, but shall not deny the use of public facilities to
any user group, subject to the discretion of local control, and outside the jurisdiction of the courts.
The certification of instructors, administrators and other employees, the formulation of curriculum and
its management, shall reside completely within each school district. Each school district is responsible
for raising its own revenue, but is permitted to apply to the legislature for supplemental funding.
The state may subsidize school districts, but only if they lack sufficient revenue, through surplus
revenue; by land sales; or through private contribution encumbered for that purpose, which may be
designated by the donor for specific school districts.
Article V: TAXATION
As per Article I, Section 10 of the Constitution of the United States, the state may not make anything but
gold and silver coin as a tender in payment of debts. It shall be lawful for the people to conduct free
market transactions with gold and silver in all its forms of specie. It shall be the policy of the state that
taxation is a threat to personal freedom, and as such must be limited, and not invasive to personal
privacy. [corporate tax OK ‐‐‐ corporations are not tax payers, but tax collectors]
Recognizing that property taxes threaten personal sovereignty, presume partial ownership of the state
over private property, and that the conservation of estate wealth is a natural system that provides
personal and family security, neither the state, nor any political subdivision thereof, shall levy a property
or inheritance tax.
No tax on personal income shall be permitted. Capital gains, or income derived supplemental towards a
principle livelihood, shall be taxable.
Revenue for state usage shall be lawful only in the following manners: royalties from natural resource
extraction and development; sales, conveyance, and excise taxes; fines levied from violation of the law;
and capital gains tax on corporations, never to exceed five per cent of net annual corporate income.
Court‐ordered taxation, or a court order demanding subsidy of a particular public or private activity,
shall be deemed misfeasance of duty by any member of the judiciary, and grounds for immediate
impeachment.
Any debt incurred by the state is one that must be borne by the people. As such, the annual budget may
never exceed revenues.
Article VI: NATURAL RESOURCES
It is the policy of this constitution that natural resources are a gift from the Creator, given to the people,
not as owners, but as stewards. Therefore, the legislature is to encourage settlement of the land and the
utilization of resources, by making them available to the maximum benefit of the people. Furthermore,
it is the responsibility of the state to dispose of land under its title, into the possession of the people,
under such terms as the legislature may direct.
Preoccupation with preservation of wilderness shall be a secondary goal to the question of the
development of resources and the settlement of the land. There shall be a proper and responsible
harmony with the goal of stewardship, development, settlement, preservation and reclamation.
Whenever occurring in their natural state, fish, wildlife and waters are reserved to the people for
common use.
Fish, forests, wildlife, grasslands, water and all other replenishable resources shall be utilized, developed
and maintained upon the principle of sustained yield.
All surface and subsurface waters are reserved to the people for common use.
Fish and game resources are not the property of the State of Alaska. As such, the state shall act only to
control the harvest of fish and game for maximum benefit and sustained yield, for subsistence,
commercial and sport purposes.
Recognizing the important economic and nutritional role that the harvest of wild fish and game has
played for all residents, urban and rural, the state may require proof of harvest, residency and
qualification for the harvest of fish and game, but without fee, other than to provide for the cost of the
production of harvest tags, the printing of regulations, and record‐keeping.
Punishment for violations of fish and game regulations shall be by fine only. The state may not withhold
the harvest of fish and game from any person as punishment for a crime; or as a civil penalty; nor
require licensure. However, the state may withhold from any person, the right to harvest fish and game,
for any violation of the regulations thereof, for refusal or inability to pay a fine, until the fine is paid in
full.
Delayed payment for any fine shall not accrue interest by the state.
The state recognizes that all harvest of fish and game, other than for sport or commercial purposes, is of
subsistence value. It shall be unlawful to separate the harvest of fish and game between “subsistence”
and “sport” for Alaskan residents, if the resource is to be used for nutritional purpose.
The state will categorize all non‐resident harvest of fish and game as “sport”, and may require licensure
and fees.
Any resident who wishes to harvest fish, under the definition provided by the legislature for “angling”,
for non‐consumptive or non‐nutritional purposes, may do so under special regulations, and without the
requirement of fees or licensure.
The retention of all fish and game by residents, even when not used for nutritional value, shall be
regarded as “consumptive”.
The state may accept private donations encumbered for the purpose of fish and game management.
The state may retain possession of land, not to exceed ? % of the total square miles of the state, for
parks, areas of cultural and historical importance, resource management, and preservation of
wilderness. The state may not exclude the people from these areas for purposes of recreation or
subsistence hunting and fishing.
All persons in legal title and possession of land are entitled to all mineral rights, surface and subsurface,
commensurate with municipal zoning regulations. Access to private property shall not be hindered by
the state or its political subsidiaries.
[New]: All surface and subsurface waters, including mineral and medicinal waters, are reserved for the
people for common use, and are not subject to appropriation by the state. All requests for the
impoundment of water must be performed through the state as prescribed by law, but the state may
never initiate such projects, nor assume ownership of the waters, dams, and other infrastructure
involved in the impoundment.
In such projects where the state already enjoys full or partial ownership, it shall divest itself within 5
years of the commencement of the first legislature under this constitution.
No person shall be involuntarily divested of his right to the use of waters, interests in land, or
improvements affecting either.
Free access
Article VII: NATIVE ALASKANS
All native properties held under title of the Alaska Native Claims Settlement Act of 1971 shall be valid
and recognized by the state. All claims to native sovereignty within the ANCSA settlement shall be
respected.
No renegotiation of sovereignty rights, between native tribes, native corporations, or other native
groups, done with the consent of the Congress of the United States, shall be recognized by the state,
without approval of a 2/3 vote in each chamber of the state legislature, and a concurrent referendum of
the people, of at least 50%, plus one, of the total number of participating voters, as registered with the
state, within the actual referendum.
The state recognizes that the definition of persons as “Alaskan native” through action by the Congress of
the United States, is arbitrary and tends to divide the people, and rightfully belongs to each native tribe,
or native group.
The state also recognizes that special privilege, granted to Alaskan natives by the laws of the Congress of
the United States, are only proper when conforming to the Constitution of the United States, within the
limited sovereignty granted within the boundaries of native property.
The state accepts any limited sovereignty granted within treaties agreed to between the Congress of the
United States and native Alaskans. However, the existence of “native corporations”, unless and until
renegotiated with limited sovereignty, creates division and confusion amongst Alaskans, and are
arguably in violation of the Constitution of the United States.
The state will encourage the dissolution of native corporations by memorializing the Congress of the
United States, and will accept, as provided for in this constitution, native sovereignty with all its
privileges and rights, within the recognized boundaries of ANCSA.
Article VIII: RELIGION
The intent of this section is to prevent the existence of an official state‐sponsored denomination, with or
without subsidization, but not to prevent the freedom of speech, press or expression as manifested by
local culture through state or local government.
Recognizing the divisions within our culture regarding religions, the state may not establish any official
religious denomination; nor grant to any religious denomination, school, health care facility or other
institution, any subsidy.
The state recognizes that religions foster and promote individual and social virtue, and assist in the
propagation, explanation and interpretation of the Natural Law. As such, all religions, by inviolable
Natural Right, are free to provide input into the political discourse without hindrance from the state.
Religions may be consulted by the legislature and other officials of the state, and may not be taxed or
fined for either their advocacy of issues, or of candidates.
Nothing in this section shall be so construed as to deny any act of the legislature, elected official of the
state, school district, municipality, county or other political subdivision, or any court, from recognizing
the one, supreme, omnipotent and omniscient God, who is known in the Declaration of Independence
as Creator, Lawgiver, Provider and Judge.
Nothing in this section shall be so construed as to deny the use of the Bible for the taking of oaths,
although the state may not require it.
No religious test may be required as a qualification for any office of the state or its political subdivisions.
Article IX: JUSTICE AND CORRECTIONS
[cite Jury Nullification somewhere in this section]
Criminal justice shall recognize that the individual victim, and not the state (except in cases of public
property), is the offended party. The power of the state will be used to require compensation for the
victim by the convicted criminal. The state may identify the extent of damages suffered by a victim,
permitting the victim the power to pardon or commute compensation.
The state shall release a criminal from obligation after compensation is made, or when pardoned or
commuted by the victim.
The death of a victim shall not release a criminal from his obligation, but shall pass through the estate of
the victim, as prescribed and defined by law.
Common law courts shall be recognized in both criminal and civil cases. Incarceration shall extend
toward suspects, only until bond is posted or, when in the judgment of the court, and only by statutory
guideline, for public safety.
Incarceration shall be a consequence only of criminal action, and only upon the option of the victim, in
order to receive compensation through labor, or when the public safety, through the judgment of the
courts through legislative guidelines, may require it. The victim may permit the release of the criminal,
commensurate with the public safety as defined by law and ordered by the court, in order to engage in
productive labor to meet the obligations of compensation. The victim may permit the criminal to engage
in productive labor outside of Alaska, but only within the Union of States, permitting the state the
power to recall the criminal under Article IV, Section 2 of the United States Constitution.
Only juries shall be empowered to decide, through legislative guidelines, the extent of compensation
due the victim.
Juries may exercise their common law right of nullification and may ignore guidelines imposed upon
them by judges, except under the normal restrictions recognized by common law. The intent of jury
nullification is to permit jurors to judge a law or judicial order as unjust, notwithstanding any enacted
law.
The use of the term “victim”, as used in this constitution, shall be construed in both the singular and
plural form.
Those accused of criminal or civil misdeeds are guaranteed either an attorney or a counsel‐at‐law. A
counsel‐at‐law shall be required to have been a practicing attorney for at least ten years, must be
appointed by a member of the state legislature, approved by majority vote in unicameral session, and
signed by the governor. A counsel‐at‐law is to be the peer of any judge, with power to dismiss a judge
from any case, before and during trial, and during appeal.
The abuse of power by law enforcement officials, in all levels of federal, state and local government, will
subject the offending individuals to criminal and personal civil penalties, without the enjoyment of any
immunity as public officers or employees. The State of Alaska will ensure by legislative enactment that
citizens who have been subject to false arrest, violations of their natural law rights, and any abuse of
authority that results in pecuniary loss or temporary loss of liberty, are compensated accordingly
through the personal liability of those guilty of the infraction, and that the offending parties are subject
to criminal prosecution.
Article X: DISASTER RELIEF
The State recognizes that private charity for disaster relief is the primary remedy in emergencies, but
that these resources may not be sufficient to meet the needs of the victims. Disaster relief as provided
for by the State shall be limited to food, shelter, clothing and short‐term, rather than chronic, medical
necessity, as defined by the legislature; state revenues are not to be used for reconstruction of private
property; nor shall the state be liable for disasters through its neglect or failure to properly advise its
residents of the risks that exist through acts of nature or man.
The state shall annually encumber a portion of its gross revenues, as determined by the legislature, for
disaster relief, in event of war, famine, riot, or other natural and manmade disasters. The state shall not
accept unconstitutional funds from the federal government. The funds may be expended for perishable
and non‐perishable goods and held in storage. The state may expend monies to encourage and inform
individual persons to prepare for their own disaster relief. Natural disasters may include, but are not
limited to, fire, flood, tsunami, earthquake, volcanic eruption, avalanche, landslide and inclement
weather.
Article XI: VOTER QUALIFICATIONS AND ELECTIONS
The legislature is empowered to determine voter qualification of the people.
However, no unelected employee of the state may vote in an election for state office, or in any
statewide referendum, recall or initiative; no unelected employee of any county may vote in any
election for county office, or in any county referendum, recall, or initiative; no unelected school district
employee may vote in any election for school district office, referendum, recall or initiative; no
unelected municipal employee may vote in any election for municipal office, referendum, recall or
initiative; no unelected employee of the United States, who may be an Alaskan resident, may vote in any
election for federal office, or serve as presidential elector.
No person receiving benefits from the United States may vote in any election for federal office, except
those who have contributed funds into the Social Security Act of 1935, and are receiving return for their
investment; or those members who have been a member of the armed forces of the United States and
are receiving benefits from services rendered or wounds received. But no member of the armed forces
of the United States, on active or reserve duty, shall be qualified to vote in any federal election.
The State of Alaska shall memorialize the United States government to permit Alaskans to withdraw
from the Social Security System, provided that they receive just compensation from their payments
rendered into the system, and further will defend those who do not wish to participate, or were
enrolled while they were minors.
All elections shall be by paper ballot. The ballots shall be counted immediately upon poll closure within
each precinct, and in public, with at least two qualified observers in attendance. The legislature will
define the qualifications for observers, who will act on behalf of the people, without remission of any
fee, and without compensation. No precinct may forward the outcome to the Lieutenant Governor, until
the results have been posted publicly at each precinct, and which shall be publicly published within 24
hours of the closure of the polls.
Absentee ballots must be cast only within the state at an approved location within each county, at a
time prior to the election, to be determined by law, and received by the day of the election. No
absentee ballots may be cast outside of the state or sent via post. Questioned ballots must be resolved
within 7 days after the election.
General elections for state offices, initiatives, referendums and recalls shall be held at a time chosen by
legislative enactment, and need not be simultaneously exercised at a general election for electors
choosing the President of the United States or the Representative[s] from Alaska for the United States
House of Representatives.
Because Article II of this constitution maintains that the 17th Amendment to the Constitution of the
United States was fraudulently approved, the legislature is hereby empowered to choose two senators
from Alaska to be credentialed and seated in the Senate of the United States upon the expiration of the
terms of the persons holding those offices, unless by legislative enactment the legislature chooses to do
so earlier.
Whenever meeting for the purpose of choosing a Senator to represent Alaska in the United States
Senate, the legislature shall meet in unicameral session, with the Secretary of State presiding, and,
providing a quorum is present, a majority vote of the representatives and senators present shall elect a
Senator for the United States Senate.
Primary elections shall solely be the province of political parties and not the state. Political parties are
free to set their own rules for eligibility. The state will not fund, conduct or otherwise assist in primary
elections. No political party shall be denied the right to charge a poll tax for participation in a primary
election.
Article XII: INITIATIVE, REFERENDUM AND RECALL
The people may propose and enact laws through the initiative process, and approve or reject acts of the
legislature by the referendum.
An initiative or referendum is proposed by an application containing the bill to be initiated or the act to
be referred. The application shall be signed by not less than one hundred citizens who are at least 18
years of age or older, and have been Alaskan residents for at least one calendar year, but need not be
registered voters, and shall be filed through the Lieutenant Governor. After confirmation that the
sponsors are qualified, he shall so certify. Denial of certification by the Lieutenant Governor must show
cause and be publicly published. It shall be subject to review by civil action in the courts should a
majority of the petitioners so request.
After certification of the application, a petition containing a characterization of the initiative or
referendum shall be prepared by the Lieutenant Governor, and must be approved by a majority of the
petitioners; if not approved, the Lieutenant Governor shall be required by law to continuously resubmit
a characterization until approval is agreed.
The initiative must be approved by at least five per cent of the residents, whether registered to vote or
not, who are 18 years of age or older, in each of three‐fifths of the counties of the state.
The Lieutenant Governor shall prepare a ballot title and proposition summarizing the proposed law.
Arguments For and Against the initiative shall be placed in the statewide Voter’s Guide at least one
month before the election that will decide the initiative. Initiatives may never be placed before voters in
primary elections, but only in general elections.
The legislature may not repeal the initiative for at least two calendar years after it has gone into effect.
Article XIII: SELF‐DEFENSE
The people shall not be prohibited from organizing their own defense, either individually or collectively.
The state may never regard the people as an enemy, but the people reserve the right, under the
principles of the Declaration of Independence of 1776, to regard the government as such, with complete
immunity from criminal accusation, whenever the state shall threaten the natural law rights of the
people.
Treason against the state shall consist only in waging war against it, or giving aid to its alien enemies,
and only after an official declaration of war. No person shall be convicted of treason without the
testimony of at least two witnesses to the same overt act, or upon confession in open court.
Article XIV: INTERPRETATION
The interpretation of this constitution is not solely the domain of the judiciary, but also the executive,
through the power of enforcement, or lack thereof; by the legislature, as herein described; and
ultimately by the people, as described in this constitution.
Regarding Article 1, Section 22 of the Alaska State Constitution:
The right to abortion, from conception to natural term, and the public funding thereof, for whatever
reason, is not recognized in this section.
The legislature removes all case law from impleme
