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The Alaska Constitution Con
vention is convening at a time in
history when the lines of conflict
between the free and slave worlds,
between those who believe in the
essential worth of the individual
and those who seek to establish
the most complete tyranny over
man’s body and spirit are sharp
ly draw. Freedom has always and
in every circumstance been a
"hard-bought thing,’’ and men who
have obtained its blessings have
sought to maintain freedom by in
cluding prohibitions in the funda
mental law against its infringe
ment.
The traditional American instru
ment for protecting the individual
against arbitrary action by govern
mental authority is the written Bill
of Rights. In the national Consti
tution, the Bill of Rights is found
in part in the first ten Amend
ments, a portion of the organic law
which was adopted within a very
few years after the original Con
stitution had become effective. The
Dili of Kights to the national j
Constitution includes not only the
first ten Amendments but other.
protections of civil liberties as
well, protections which are scat
tered about in parts of the original
constitutional document and in
amendments subsequent to.the first
ten, Thus the national Consti-,
tution provides, in part: $
Congress shall make no law re
specting an establishment of re-]
ligion, or prohibiting the free
exercise thereof; or abridging the 1
freedom of speech, or of the press; ]
petition the Government for a re- j
dress of grievances. (Amendment i
I)
The right of the people to be
secure in their persons, houses, *
papers, and effects, against un
reasonable searches and seizures, \
shall not be violated, and no war- ■
rants shall issue, but upon prob- ]
able cause, supported by oath or j
affirmation, and particularly des-*
cribing the place to be searched, ^
and the persons or things to be ,
seized. (Amendment IV)
No person shall be held to an-^
swer for a capital, or otherwise j
infamous crime, unless on pre-1
sentment or indictment of a grand J
jury . . . nor shall any person be
subject for the same offense to be’
twice put in jeopardy of life or
limb; nor shall he be compelled
in any criminal case to be a witness'
against himself, nor be deprived!
of life, liberty, or property, with
out due process of law; nor shall
private property be taken for
public use, without just compen
sation. (Amendment V)
In all criminal prosecutions, the
accused shall enjoy the right to
a speedy and public trial, by an
impartial jury of the State ... and
to be informed of the nature and
cause of the accusation; to be con
fronted with the witnesses against
his; to have compulsory process
for obtaining witnesses in his
favor, and to have the assistance
of counsel for his defense (Amend
ment VI)
Excessive bail shall not be re
quired, nor excessive fines im
posed, nor cruel and unusual
punishments inflicted. (Amend
ment VIII)
Neither slavery nor involuntary
servitude, except as punishment
for crime whereof the party shall
have been duly convicted, shall
exist within the United States, or
any place subject to their juris
diction. (Amendment XIII)
No State shall make or enforce
any law which shall abridge the
privileges or immunities of citi
zens of the United States; nor shall
any State deprive any person of
life, liberty, or property, without
due process of law; nor deny any
person within its jurisdiction the
equal protection of the laws.
(Amendment XIV)
The rights of citizens of the
United States to vote shall not be
denied or abridged by the United
States or any State on account of
race, color, or previous condition
of servitude. (Amendment XV)
The right of citizens of the
United States to vote shall not be
denied by the United States or by
any State on account of sex.
(Amendment XIX)
The privilege of the writ of
habeas corpus shall not be sus
pended, unless when in case of
rebellion or invasion the public
safety may require it. (Article I,
section 9, clause2)
No bill of attainder or ex post
facto law shall be passed. (Article
I, section 9, clause 3)
Every state constitution contains
a bill of rights. These bills of
rights have been patterned, to a
considerable degree, on the Bill
of Rights in the national Consti
tution. Individual states have, of
course, added other matters deem
ed essential to their society.
As Alaska approaches the ques
tion of writing a Bill of Rights for
its own Constitutional, two con
siderations should be kept in mind:
(1) the issue of what matters shall
be considered as fundamental
enough to be incorporated into the
Constitution as rights, and (2) a
realization that rights cannot exist
without corresponding apprecia
tion on the part of the citizens as
to their obligations.
Constitutional Rights. Many
rights, such as the right of speech,
are guaranteed against govern
mental interference by the na
tional Constitution. The proposed
state government of Alaska could
not infringe freedom of speech,
even if there were no guarantee
of free speech in the Alaska Con
stitution. The reason for this lies
in the fact that the Supreme Court
of the United States has held that
the Fourteenth Amendment to the
national Constitution incorporates
as against the states many of the
provisions of the ten Amendments.
Even if the Alaska Constitution
were to contain guarantees of a
fair trial in criminal cases, the
Alaskan courts would still he
bound to accord such trials, for
such has been the interpretation
of the national Constitution.
These opinions of the United
States Supreme CCourt on the
scope of the Fourteenth Amend
ment have not obviated, however,
the necessity for a Bill of Rights
in the Alaska Constitution. The
Constitutional Convention meeting
at College on November eight will
most certainly want to reaffirm
the traditional rights which Amer
icans have enjoyed. The Conven
tion might even wish to strengthen
some presumed traditional rights,
such as for instance would assure
fair treatment of individuals sub
ject to legislative investigation or
of witnesses at its hearings. Pro
(Continued to Page 8)
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