The Constitution of the State of Alaska
Adopted
by the Constitutional Convention February 5, 1956
Ratified
by the People of Alaska April 24, 1956
Became
Operative with the Formal Proclamation of Statehood January 3, 1959
Article
1 - Declaration of Rights
§
1. Inherent Rights
This constitution
is dedicated to the principles that all persons have a natural right to
life, liberty, the pursuit of
happiness,
and the enjoyment of the rewards of their own industry; that all
persons
are equal and entitled to equal
rights,
opportunities, and protection under the law; and that all persons have
corresponding obligations to the people
and to
the State.
§
2. Source of Government
All political
power is inherent in the people. All government originates with the
people,
is founded upon their will only,
and is
instituted solely for the good of the people as a whole.
§
3. Civil Rights
No person
is to be denied the enjoyment of any civil or political right because
of
race, color, creed, sex, or national
origin.
The legislature shall implement this section. [Amended 1972]
§
4. Freedom of Religion
No law
shall be made respecting an establishment of religion, or prohibiting
the
free exercise thereof.
§
5. Freedom of Speech
Every person
may freely speak, write, and publish on all subjects, being responsible
for the abuse of that right.
§
6. Assembly; Petition
The right
of the people peaceably to assemble, and to petition the government
shall
never be abridged.
§
7. Due Process
No person
shall be deprived of life, liberty, or property, without due process of
law. The right of all persons to fair and
just
treatment
in the course of legislative and executive investigations shall not be
infringed.
§
8. Grand Jury
No person
shall be held to answer for a capital, or otherwise infamous crime,
unless
on a presentment or indictment of a
grand
jury, except in cases arising in the armed forces in time of war or
public
danger. Indictment may be waived by the
accused.
In that case the prosecution shall be by information. The grand jury
shall
consist of at least twelve citizens, a
majority
of whom concurring may return an indictment. The power of grand juries
to investigate and make
recommendations
concerning the public welfare or safety shall never be suspended.
§
9. Jeopardy and Self-Incrimination
No person
shall be put in jeopardy twice for the same offense. No person shall be
compelled in any criminal proceeding
to be
a witness against himself.
§
10. Treason
Treason
against the State consists only in levying war against it, or in
adhering
to its enemies, giving them aid and
comfort.
No person shall be convicted of treason, unless on the testimony of two
witnesses to the same overt act, or on
confession
in open court.
§
11. Rights of Accused
In all
criminal prosecutions, the accused shall have the right to a speedy and
public trial, by an impartial jury of twelve,
except
that the legislature may provide for a jury of not more than twelve nor
less than six in courts not of record. The
accused
is entitled to be informed of the nature and cause of the accusation;
to
be released on bail, except for capital
offenses
when the proof is evident or the presumption great; to be confronted
with
the witnesses against him; to have
compulsory
process for obtaining witnesses in his favor, and to have the
assistance
of counsel for his defense.
§
12. Criminal Administration
Excessive
bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted. Criminal
administration
shall be based upon the following: the need for protecting the public,
community condemnation of the
offender,
the rights of victims of crimes, restitution from the offender, and the
principle of reformation. [Amended 1994]
§
13. Habeas Corpus
The privilege
of the writ of habeas corpus shall not be suspended, unless when in
cases
of rebellion or actual or
imminent
invasion, the public safety requires it.
§
14. Searches and Seizures
The right
of the people to be secure in their persons, houses and other property,
papers, and effects, against
unreasonable
searches and seizures, shall not be violated. No warrants shall issue,
but upon probable cause,
supported
by oath or affirmation, and particularly describing the place to be
searched,
and the persons or things to be
seized.
§
15. Prohibited State Action
No bill
of attainder or ex post facto law shall be passed. No law impairing the
obligation of contracts, and no law making
any
irrevocable
grant of special privileges or immunities shall be passed. No
conviction
shall work corruption of blood or
forfeiture
of estate.
§
16. Civil Suits; Trial by Jury
In civil
cases where the amount in controversy exceeds two hundred fifty
dollars,
the right of trial by a jury of twelve is
preserved
to the same extent as it existed at common law. The legislature may
make
provision for a verdict by not less
than
three-fourths
of the jury and, in courts not of record, may provide for a jury of not
less than six or more than twelve.
§
17. Imprisonment for Debt
There shall
be no imprisonment for debt. This section does not prohibit civil
arrest
of absconding debtors.
§
18. Eminent Domain
Private
property shall not be taken or damaged for public use without just
compensation.
§
19. Right to Keep and Bear Arms
A well-regulated
militia being necessary to the security of a free state, the right of
the
people to keep and bear arms
shall
not be infringed. The individual right to keep and bear arms shall not
be denied or infringed by the State or a
political
subdivision of the State. [Amended 1994]
§
20. Quartering Soldiers
No member
of the armed forces shall in time of peace be quartered in any house
without
the consent of the owner or
occupant,
or in time of war except as prescribed by law. The military shall be in
strict subordination to the civil power.
§
21. Construction
The enumeration
of rights in this constitution shall not impair or deny others retained
by the people.
§
22. Right of Privacy
The right
of the people to privacy is recognized and shall not be infringed. The
legislature shall implement this section.
[Amended
1972]
§
23. Resident Preference
This constitution
does not prohibit the State from granting preferences, on the basis of
Alaska residence, to residents of
the State
over nonresidents to the extent permitted by the Constitution of the
United
States. [Amended 1988]
§
24. Rights of Crime Victims
Crime victims,
as defined by law, shall have the following rights as provided by law:
the right to be reasonably protected
from the
accused through the imposition of appropriate bail or conditions of
release
by the court; the right to confer with
the
prosecution;
the right to be treated with dignity, respect, and fairness during all
phases of the criminal and juvenile
justice
process; the right to timely disposition of the case following the
arrest
of the accused; the right to obtain
information
about and be allowed to be present at all criminal or juvenile
proceedings
where the accused has the right
to be
present; the right to be allowed to be heard, upon request, at
sentencing,
before or after conviction or juvenile
adjudication,
and at any proceeding where the accused's release from custody is
considered;
the right to restitution from
the
accused;
and the right to be informed, upon request, of the accused's escape or
release from custody before or
after
conviction or juvenile adjudication. [Amended 1994]
§
25. Marriage
To be valid
or recognized in this State, a marriage may exist only between one man
and one woman. [Amended 1998]
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