By BOB BIRD
Alaska’s “model” constitution is truly a model in some ways, such as a smoothing beauty of the cover. Charm magazine. It was designed using a model from the University of Chicago funded and founded by Rockefeller.
It has received rave reviews since before statehood. Of course, there are a lot of changes, the best being the “common use” clause under Natural Resources. The only thing the left really dreads is the part about any new constitutional convention. The public votes on it every 10 years.
It is not unreasonable for the Conservatives to worry about how a convention is put together and what it might be. In the many questions I have received from citizens and the media, and again here, I have stated that for a true popular convention to occur, the legislature must develop a constituency-structured system. If this is not done, it will likely be controlled by the same leftists who fear the assembly of such a convention. And this should be done before the vote, to allay the concerns of citizens.
Contrary to what the media tell us, the most serious mistakes we face in the Alaskan Constitution are not the Permanent Fund dividend, or even the Judicial Council, but s. XII, sections 8, 12 and 13. Read them. They are cold in the back and the lie is at the origin of all our economic crises and of freedom.
Article 8 is nothing less than an “Anti-Tenth Amendment”, giving the state unlimited power. Sections 12 and 13 defeat the very purpose of the state, denying the state the right to claim title to its own real estate, property retained by the federal government in defiance of section 1, of Section 8, Term 17 of the U.S. Constitution, and the Tenth Amendment ignored. .
Such conditions have never been imposed on states east of the “middle border,” a term referring to the north-south axis from North Dakota / Minnesota to Louisiana / Texas.
The other problems, like a rogue judicial system or a judicial council system, would not even exist if ever we had a governor or a legislature that understood the proper constitutionalism, and the judiciary was not a “co-equal branch”. , whose opinions must be obeyed, but a weak sister, whose judgments need not be obeyed by an executive, and can be withheld by the legislature.
While the Federalist Papers aren’t even part of the U.S. Constitution, they helped get it passed, and by a very slim margin during the approval convention in key New York state.
Virginia, the biggest prize of all at the time, was also reluctant to approve and reserved, along with New York and Rhode Island, a secession clause. You can search for it.
Federalist papers are a treatise on federalism and the limited philosophy of government. It is safe to say that they apply to our own state constitution, and this is reflected in several ways.
In Federalist # 78, we read (with emphasis entirely by Alexander Hamilton): The judicial power, on the contrary, has no influence on either the sword or the purse; no direction neither of the strength nor of the wealth of the society; and cannot take any active resolution. We can really say that he has neither STRENGTH nor WILL, but simply judgment; and must ultimately depend on the help of the executive arm itself for the effectiveness of its judgments.
Let me quote a few direct quotes, first from a governor. When told he did not need to apply a state Supreme Court ruling, he said twice, six months apart, “It’s going to take me a while.” to understand this.
And from a prominent lawmaker: “Bob, I don’t doubt your word, it’s just not the way I learned it. “My response was,” Me too. But I didn’t learn it, as we all can.
So, let’s break the stranglehold of the oligarchy of the faculty of law on constitutional interpretation, if not of Federalist newspapers, but the way our own state constitution was designed.
- The legislature is supreme. He can dismiss any member of the judiciary or the executive. None of them can do the same. Art. II, s. 20.
- The legislator has the power of the stock exchange. It can never be abandoned. Art. IX, art. 1.
- He can override the governor’s vetoes. Art. II, s. 16. Numbers 2 and 3 have just been overturned and claimed by the courts, an offense clearly punishable by impeachment.
- The legislator controls the jurisdiction of the courts. It can disqualify the courts from any legislation passed from their judicial review. Art. IV, sect. 1.
- What is called “jurisprudence”, the set of judicial decisions which are known only to lawyers, are not laws at all. The real laws are defined in s. 12, art. 11, and apply only to what the legislature enacts, not to judicial or executive decrees.
As has been pointed out in connection with the Constitution of the United States: “It is not that the Constitution has been judged and found to be faulty. On the contrary, it has not been tried and has proven to be difficult. “
The constitutionalization of the FPD is laudable, but to truly limit federal power, we must renege certain parts of Article XII. And to limit over-judicial reach, while we might rearrange the way we choose our judges, we just need to rephrase what the constitution already says, so that it is clearly understood by citizens, and can no longer be ignored by the case. oligarchy of law.
Bob Bird is president of the Alaskan Independence Party and host of KSRM radio talk show, Bird’s Eye View, Kenai.