Alaska Constitution Article XII – General Provisions

Alaska Constitution – Article XII: General Provisions

Article XII of the Alaska Constitution includes miscellaneous provisions that deal with how the Constitution is interpreted, implemented, and applied. It contains foundational rules not covered in other articles. Below is a summary of each section in Article XII:

Section 1: State Boundaries

Defines the boundaries of the State of Alaska as per the Enabling Act and existing treaties and laws.

Section 2: Saving of Existing Laws

All laws in force in Alaska at the time the Constitution becomes effective shall remain in effect unless they conflict with this Constitution or are amended or repealed.

Section 3: Continuance of Office

All officers in office at the time the Constitution becomes effective shall continue to serve until their terms expire or successors are qualified.

Section 4: Continuance of Courts

Courts existing at the time the Constitution takes effect will continue to operate until superseded or changed as provided by law.

Section 5: Continuance of Rights and Liabilities

All rights, liabilities, and legal proceedings existing before the Constitution becomes effective remain valid and are not impaired.

Section 6: Apportionment Schedule

Provides for an initial apportionment of legislative districts following adoption of the Constitution (historical transitional provision).

Section 7: Rescheduling of Terms of Office

Allows the legislature to adjust terms of office to bring them into conformity with the Constitution.

Section 8: Seat of Government

States that the capital of Alaska is Juneau, unless changed by the people through a law approved by statewide vote.

Section 9: Advisory Vote

Allows for an advisory vote of the people on important questions before statehood or during transitions.

Section 10: Effective Date

Declares that the Constitution becomes effective upon admission of Alaska into the Union as a state.

Section 11: Repeal of Prior Provisions

All laws, charters, or parts of laws in conflict with the Constitution are repealed when the Constitution takes effect.

Section 12: Disclaimer and Agreement

Includes disclaimers required by the Alaska Statehood Act, such as the U.S. retaining title to certain lands, and Alaska agreeing to disclaim all right to Native lands unless authorized by Congress.

 

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