Difference between revisions of "Article XII, Alaska Constitution"

From Ballotpedia
Jump to: navigation, search
(Updated 6/25/2013)
m (Text replace - "==Further reading==" to "==Additional reading==")
 
(4 intermediate revisions by one user not shown)
Line 1: Line 1:
{{AKConstitution}}{{tnr}}'''Article XII''' or the [[Alaska Constitution]] is entitled '''General Provisions''' and contains 14 sections. Article XII describes the state boundaries and intergovernmental relations, as well as other provisions, such as law making power, merit systems, disqualifications, and the interpretations of the constitution.  Article XII attempts to cover any regulations not previously discussed or defined extensively.
+
{{AKConstitution}}{{tnr}}'''Article XII''' or the [[Alaska Constitution]] is entitled '''General Provisions''' and contains 14 sections. Article XII describes the state boundaries and intergovernmental relations, as well as other provisions, such as law making power, merit systems, disqualifications and the interpretations of the constitution.  Article XII attempts to cover any regulations not previously discussed or defined extensively.
 +
 
 +
Article XII has been amended once, under section 14, in 1996.<ref name="AK">[http://ltgov.alaska.gov/treadwell/services/alaska-constitution.html ''Office of the Lt. Governor of Alaska'', "The Constitution of the State of Alaska", accessed March 26, 2014]</ref>
 +
 
 +
==Amendments to Article XII==
  
Article XII has been amended once, under section 14, in 1996.
 
 
* [[Alaska Statehood Act, Measure 1 (1996)]]
 
* [[Alaska Statehood Act, Measure 1 (1996)]]
  
Line 13: Line 16:
 
'''State Boundaries'''
 
'''State Boundaries'''
  
The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, included in the Territory of Alaska upon the date of ratification of this constitution by the people of Alaska.
+
{{quote|The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, included in the Territory of Alaska upon the date of ratification of this constitution by the people of Alaska.<ref name="AK"/>}}
  
 
|}
 
|}
Line 26: Line 29:
 
'''Intergovernmental Relations'''
 
'''Intergovernmental Relations'''
  
The State and its political subdivisions may cooperate with the United States and its territories, and with other states and their political subdivisions on matters of common interest. The respective legislative bodies may make appropriations for this purpose.
+
{{quote|The State and its political subdivisions may cooperate with the United States and its territories, and with other states and their political subdivisions on matters of common interest. The respective legislative bodies may make appropriations for this purpose.<ref name="AK"/>}}
  
 
|}
 
|}
Line 39: Line 42:
 
'''Office of Profit'''
 
'''Office of Profit'''
  
Service in the armed forces of the United States or of the State is not an office or position of profit as the term is used in this constitution.
+
{{quote|Service in the armed forces of the United States or of the State is not an office or position of profit as the term is used in this constitution.<ref name="AK"/>}}
  
 
|}
 
|}
Line 52: Line 55:
 
'''Disqualification for Disloyalty'''
 
'''Disqualification for Disloyalty'''
  
No person who advocates, or who aids or belongs to any party or organization or association which advocates, the overthrow by force or violence of the government of the United States or of the State shall be qualified to hold any public office of trust or profit under this constitution.
+
{{quote|No person who advocates, or who aids or belongs to any party or organization or association which advocates, the overthrow by force or violence of the government of the United States or of the State shall be qualified to hold any public office of trust or profit under this constitution.<ref name="AK"/>}}
  
 
|}
 
|}
Line 65: Line 68:
 
'''Oath of Office'''
 
'''Oath of Office'''
  
All public officers, before entering upon the duties of their offices, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Alaska, and that I will faithfully discharge my duties as . . . to the best of my ability." The legislature may prescribe further oaths or affirmations.
+
{{quote|All public officers, before entering upon the duties of their offices, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Alaska, and that I will faithfully discharge my duties as . . . to the best of my ability." The legislature may prescribe further oaths or affirmations.<ref name="AK"/>}}
  
 
|}
 
|}
Line 78: Line 81:
 
'''Merit System'''
 
'''Merit System'''
  
The legislature shall establish a system under which the merit principle will govern the employment of persons by the State.
+
{{quote|The legislature shall establish a system under which the merit principle will govern the employment of persons by the State.<ref name="AK"/>}}
  
 
|}
 
|}
Line 91: Line 94:
 
'''Retirement Systems'''
 
'''Retirement Systems'''
  
Membership in employee retirement systems of the State or its political subdivisions shall constitute a contractual relationship. Accrued benefits of these systems shall not be diminished or impaired.
+
{{quote|Membership in employee retirement systems of the State or its political subdivisions shall constitute a contractual relationship. Accrued benefits of these systems shall not be diminished or impaired.<ref name="AK"/>}}
  
 
|}
 
|}
Line 104: Line 107:
 
'''Residual Power'''
 
'''Residual Power'''
  
The enumeration of specified powers in this constitution shall not be construed as limiting the powers of the State.
+
{{quote|The enumeration of specified powers in this constitution shall not be construed as limiting the powers of the State.<ref name="AK"/>}}
  
 
|}
 
|}
Line 117: Line 120:
 
'''Provisions Self-Executing'''
 
'''Provisions Self-Executing'''
  
The provisions of this constitution shall be construed to be self-executing whenever possible.
+
{{quote|The provisions of this constitution shall be construed to be self-executing whenever possible.<ref name="AK"/>}}
  
 
|}
 
|}
Line 130: Line 133:
 
'''Interpretation'''
 
'''Interpretation'''
  
Titles and subtitles shall not be used in construing this constitution. Personal pronouns used in this constitution shall be construed as including either sex.
+
{{quote|Titles and subtitles shall not be used in construing this constitution. Personal pronouns used in this constitution shall be construed as including either sex.<ref name="AK"/>}}
  
 
|}
 
|}
Line 143: Line 146:
 
'''Law-Making Power'''
 
'''Law-Making Power'''
  
As used in this constitution, the terms "by law" and "by the legislature," or variations of these terms, are used interchangeably when related to law-making powers. Unless clearly inapplicable, the law-making powers assigned to the legislature may be exercised by the people through the initiative, subject to the limitations of article XI.
+
{{quote|As used in this constitution, the terms "by law" and "by the legislature," or variations of these terms, are used interchangeably when related to law-making powers. Unless clearly inapplicable, the law-making powers assigned to the legislature may be exercised by the people through the initiative, subject to the limitations of article XI.<ref name="AK"/>}}
  
 
|}
 
|}
Line 156: Line 159:
 
'''Disclaimer and Agreement'''
 
'''Disclaimer and Agreement'''
  
The State of Alaska and its people forever disclaim all right and title in or to any property belonging to the United States or subject to its disposition, and not granted or confirmed to the State or its political subdivisions, by or under the act admitting Alaska to the Union. The State and its people further disclaim all right or title in or to any property, including fishing rights, the right or title to which may be held by or for any Indian, Eskimo, or Aleut, or community thereof, as that right or title is defined in the act of admission. The State and its people agree that, unless otherwise provided by Congress, the property, as described in this section, shall remain subject to the absolute disposition of the United States. They further agree that no taxes will be imposed upon any such property, until otherwise provided by the Congress. This tax exemption shall not apply to property held by individuals in fee without restrictions on alienation.
+
{{quote|The State of Alaska and its people forever disclaim all right and title in or to any property belonging to the United States or subject to its disposition, and not granted or confirmed to the State or its political subdivisions, by or under the act admitting Alaska to the Union. The State and its people further disclaim all right or title in or to any property, including fishing rights, the right or title to which may be held by or for any Indian, Eskimo, or Aleut, or community thereof, as that right or title is defined in the act of admission. The State and its people agree that, unless otherwise provided by Congress, the property, as described in this section, shall remain subject to the absolute disposition of the United States. They further agree that no taxes will be imposed upon any such property, until otherwise provided by the Congress. This tax exemption shall not apply to property held by individuals in fee without restrictions on alienation.<ref name="AK"/>}}
  
 
|}
 
|}
Line 169: Line 172:
 
'''Consent to Act of Admission'''
 
'''Consent to Act of Admission'''
  
All provisions of the act admitting Alaska to the Union which reserve rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property, are consented to fully by the State and its people.
+
{{quote|All provisions of the act admitting Alaska to the Union which reserve rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property, are consented to fully by the State and its people.<ref name="AK"/>}}
  
 
|}
 
|}
Line 182: Line 185:
 
'''Approval of Federal Amendment to Statehood Act Affecting an Interest of the State under that Act'''
 
'''Approval of Federal Amendment to Statehood Act Affecting an Interest of the State under that Act'''
  
A federal statute or proposed federal statute that affects an interest of this State under the Act admitting Alaska to the Union is ineffective as against the State interest unless approved by a two-thirds vote of each house of the legislature or approved by the people of the State. The legislature may, by a resolution passed by a majority vote of each house, place the question of approval of the federal statute on the ballot for the next general election unless in the resolution placing the question of approval, the legislature requires the question to be placed before the voters at a special election. The approval of the federal statute by the people of the State is not effective unless the federal statute described in the resolution is ratified by a majority of the qualified voters of the State who vote on the question. Unless a summary of the question is provided in the resolution passed by the legislature, the lieutenant governor shall prepare an impartial summary of the question. The lieutenant governor shall present the question to the voters so that a "yes" vote on the question is a vote to approve the federal statute.
+
{{quote|A federal statute or proposed federal statute that affects an interest of this State under the Act admitting Alaska to the Union is ineffective as against the State interest unless approved by a two-thirds vote of each house of the legislature or approved by the people of the State. The legislature may, by a resolution passed by a majority vote of each house, place the question of approval of the federal statute on the ballot for the next general election unless in the resolution placing the question of approval, the legislature requires the question to be placed before the voters at a special election. The approval of the federal statute by the people of the State is not effective unless the federal statute described in the resolution is ratified by a majority of the qualified voters of the State who vote on the question. Unless a summary of the question is provided in the resolution passed by the legislature, the lieutenant governor shall prepare an impartial summary of the question. The lieutenant governor shall present the question to the voters so that a "yes" vote on the question is a vote to approve the federal statute.<ref name="AK"/>}}
  
 
|}
 
|}
Line 189: Line 192:
  
 
* [[Alaska Statehood Act, Measure 1 (1996)]]
 
* [[Alaska Statehood Act, Measure 1 (1996)]]
 +
 +
 +
==See also==
 +
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
 +
* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
 +
** [[Legislatively-referred constitutional amendment]]
 +
** [[Publication requirements for proposed state constitutional amendments]]
 +
** [[Rules about constitutional conventions in state constitutions]]
 +
** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
* [http://ltgov.alaska.gov/treadwell/services/alaska-constitution/article-xii-96A0general-provisions.html12 Alaska Constitution, Article XII]
+
{{submit a link}}
 +
* [http://ltgov.alaska.gov/treadwell/services/alaska-constitution.html The Constitution of the State of Alaska]
 +
* [http://w3.legis.state.ak.us/docs/pdf/citizens_guide.pdf The Alaska Constitution: A Citizen's Guide]
 +
* [https://www.alaska.edu/creatingalaska/constitutional-convention/ Creating Alaska: The Constitutional Convention]
 +
 
 +
==Additional reading==
 +
*[http://books.google.com/books?id=fFOv5d3Mbf4C&printsec=frontcover&dq=The+Constitutionalism+of+American+States&hl=en&sa=X&ei=GQIFU__0J8PmyQGSiYHwDg&ved=0CCsQ6AEwAA#v=onepage&q=The%20Constitutionalism%20of%20American%20States&f=false Connor, George E. Connor, and Christopher W. Hammons (2008). ''The Constitutionalism of American States.'' Columbia, Missouri: University of Missouri Press.]
 +
*[http://ukcatalogue.oup.com/product/9780199778294.do McBeath, Gerald A. (2011). ''The Alaska State Constitution.'' New York, New York: Oxford University Press.]
 +
 
 +
==References==
 +
{{Reflist}}
  
==Navigation==
 
 
{{Alaska Constitution}}
 
{{Alaska Constitution}}
 +
{{State constitutions}}
 +
{{Alaska}}
 +
[[Category:Alaska Constitution]]

Latest revision as of 13:02, 1 April 2014

Alaska Constitution
Seal of Alaska.jpg
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXV
Ordinances
123
Amendments
Article XII or the Alaska Constitution is entitled General Provisions and contains 14 sections. Article XII describes the state boundaries and intergovernmental relations, as well as other provisions, such as law making power, merit systems, disqualifications and the interpretations of the constitution. Article XII attempts to cover any regulations not previously discussed or defined extensively.

Article XII has been amended once, under section 14, in 1996.[1]

Amendments to Article XII

Section 1

Text of Section 1:

State Boundaries

The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, included in the Territory of Alaska upon the date of ratification of this constitution by the people of Alaska.[1][2]

Section 2

Text of Section 2:

Intergovernmental Relations

The State and its political subdivisions may cooperate with the United States and its territories, and with other states and their political subdivisions on matters of common interest. The respective legislative bodies may make appropriations for this purpose.[1][2]

Section 3

Text of Section 3:

Office of Profit

Service in the armed forces of the United States or of the State is not an office or position of profit as the term is used in this constitution.[1][2]

Section 4

Text of Section 4:

Disqualification for Disloyalty

No person who advocates, or who aids or belongs to any party or organization or association which advocates, the overthrow by force or violence of the government of the United States or of the State shall be qualified to hold any public office of trust or profit under this constitution.[1][2]

Section 5

Text of Section 5:

Oath of Office

All public officers, before entering upon the duties of their offices, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Alaska, and that I will faithfully discharge my duties as . . . to the best of my ability." The legislature may prescribe further oaths or affirmations.[1][2]

Section 6

Text of Section 6:

Merit System

The legislature shall establish a system under which the merit principle will govern the employment of persons by the State.[1][2]

Section 7

Text of Section 7:

Retirement Systems

Membership in employee retirement systems of the State or its political subdivisions shall constitute a contractual relationship. Accrued benefits of these systems shall not be diminished or impaired.[1][2]

Section 8

Text of Section 8:

Residual Power

The enumeration of specified powers in this constitution shall not be construed as limiting the powers of the State.[1][2]

Section 9

Text of Section 9:

Provisions Self-Executing

The provisions of this constitution shall be construed to be self-executing whenever possible.[1][2]

Section 10

Text of Section 10:

Interpretation

Titles and subtitles shall not be used in construing this constitution. Personal pronouns used in this constitution shall be construed as including either sex.[1][2]

Section 11

Text of Section 11:

Law-Making Power

As used in this constitution, the terms "by law" and "by the legislature," or variations of these terms, are used interchangeably when related to law-making powers. Unless clearly inapplicable, the law-making powers assigned to the legislature may be exercised by the people through the initiative, subject to the limitations of article XI.[1][2]

Section 12

Text of Section 12:

Disclaimer and Agreement

The State of Alaska and its people forever disclaim all right and title in or to any property belonging to the United States or subject to its disposition, and not granted or confirmed to the State or its political subdivisions, by or under the act admitting Alaska to the Union. The State and its people further disclaim all right or title in or to any property, including fishing rights, the right or title to which may be held by or for any Indian, Eskimo, or Aleut, or community thereof, as that right or title is defined in the act of admission. The State and its people agree that, unless otherwise provided by Congress, the property, as described in this section, shall remain subject to the absolute disposition of the United States. They further agree that no taxes will be imposed upon any such property, until otherwise provided by the Congress. This tax exemption shall not apply to property held by individuals in fee without restrictions on alienation.[1][2]

Section 13

Text of Section 13:

Consent to Act of Admission

All provisions of the act admitting Alaska to the Union which reserve rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property, are consented to fully by the State and its people.[1][2]

Section 14

Text of Section 14:

Approval of Federal Amendment to Statehood Act Affecting an Interest of the State under that Act

A federal statute or proposed federal statute that affects an interest of this State under the Act admitting Alaska to the Union is ineffective as against the State interest unless approved by a two-thirds vote of each house of the legislature or approved by the people of the State. The legislature may, by a resolution passed by a majority vote of each house, place the question of approval of the federal statute on the ballot for the next general election unless in the resolution placing the question of approval, the legislature requires the question to be placed before the voters at a special election. The approval of the federal statute by the people of the State is not effective unless the federal statute described in the resolution is ratified by a majority of the qualified voters of the State who vote on the question. Unless a summary of the question is provided in the resolution passed by the legislature, the lieutenant governor shall prepare an impartial summary of the question. The lieutenant governor shall present the question to the voters so that a "yes" vote on the question is a vote to approve the federal statute.[1][2]

Amendments


See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 Office of the Lt. Governor of Alaska, "The Constitution of the State of Alaska", accessed March 26, 2014
  2. 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.