Saturday, October 22, 2011

Module IX B Early Governance, Statehood, AK State Constitution



Constitutional Convention, UAF, Fairbanks, Nov. 1955-Feb. 1956
VILDA UAF-1966-9-22








Essential Questions
  • Describe the major reasons given for statehood and explain how those reasons are reflected in the Alaska State  Constitution.
  • Americans sometimes complain about feeling alienated from their elected officials and from the seats of power.  Is such alienation true in Alaska?  Explain, and link the explanation to Alaska's state and local governance structure.
  • Alaska Native Claims Settlement Act 1971 - Discuss two ways that this legislation has impacted Alaska, and two specific ways that it has impacted Alaska Natives.
  • Alaska National Interest Lands Conservation Act 1980 has been supported and derided by Alaskans, both in 1980 when it was passed and today.  Describe three impacts of this landmark legislation.
  • Alaska Permanent Fund - $41+ billion.     It is our "rainy day account".  So, is it "raining" yet?  How hard is it raining?  Is it time to spend some of the earnings of the AK Permanent Fund to provide for state services?  What arguments would you present to legislators reluctant to confront this issue?
  • Pick one contemporary issue from your region and discuss - explain the issue, identify the major players and their positions.

Engage  -   Early Governance and Statehood


President Eisenhower Signing Statehood Bill, 1/3/59
VILDA UAF-1976-21-289

Alaska has had four periods of governance:

1867-1884 -         "Era of Neglect"                      
1884-1912 -          District 
1912-1959 -         Territory
1959-present -     State






The purchase of Alaska in 1867 ushered in four distinct periods of governance for Alaska.
Dissatisfaction by Alaskans in each period led to action to change Alaska's status, resulting in state status in 1959.




The first period from 1867-1884 is called the "era of neglect" because Congress had not yet formulated a governance structure for Alaska.  Federal presence was fulfilled by the U.S. Army, later by the Treasure Dept., finally by the U.S. Navy.   




The First Organic Act of 1884 provided a civilian government for Alaska.  Government officials were appointed by the president.  Land title could be obtained by miners and missions, but not by Native Alaskans.  Many "outside" business interests strengthened their presence over Alaska's natural resources.  It is also during this time that the Tongass and Chugach National Forests were established and Alaska's capital was moved from Sitka to Juneau.




Alaska Packers Association, Aurora Brand, San Francisco
ca. 1920's, VILDA ASL-MS108-709-03
The Second Organic Act of 1912 made Alaska a territory.  A locally elected territorial legislature, with limited powers, was created.  Control of land  (99% of AK)  and management of fish/game resources was still in the hands of the federal government.  Alaska was effectively still controlled by officials based in Washington, DC.   Powerful departments such as the Dept. of the Interior  and Dept. of Defense, and agencies such as the Bureau of Education, Bureau of Indian Affairs, Bureau of Land Management, U.S. Forest Service, U.S. Fish and Wildlife Service dictated life in Alaska.  The first statehood bill, introduced to Congress in 1916, was an indicator of Alaskan's displeasure with territorial status.  


The statehood movement picked up pace after World War II, as was discussed in Module VIII.  To further the statehood cause and to prove Alaskans' eagerness to become a state, a constitution was written during the winter of 1955-56.  Despite intense lobbying against statehood by the salmon industry and concern by some members of Congress that admission of Alaska would threaten the political power of the pro-segregation faction, a statehood bill was passed in 1958. President Eisenhower signed the bill on Jan.3, 1959.  Alaskans were now fully empowered citizens of the United States.


The readings and film below will discuss early governance and the statehood movement in greater depth.  There are many interesting "nice to know" details.   Look for links.

Explore  
From Alaska's Heritage:  Chapter 4-5: Alaskans and the United States Start with this summary.



From Governing Alaska   After the Purchase of Alaska  Just read "A Question of Authority"
                                            The First Civilian Government
                                            The Territory of Alaska
                                            Federal Influence in the Territory  Just read "Federal Powers in AK" 
                                                                                                         and "Salmon Politics"                                                                                                                                                                                                                                                                 
                                           The Campaign for Statehood
                                           The Constitutional Convention
                                           Statehood for Alaska    Just read "Final Push in Congress"
There is some overlap between Chapter 4-5 and these readings. The Governing Alaska articles provide greater detail.






As an alternative to reading the Governing Alaska articles listed above, you could watch the film  49th Star/Creating Alaska - Watch all three sections if you have time; if not, focus on Sections 2 and 3.   The related website about the Alaska Constitutional Convention is an additional rich resource specific to the writing of the state constitution.













Engage  -  Statehood and the Alaska Constitution


Land Ownership in Alaska -  Fed. (green)
State (orange) Native (yellow)
www.akhistorycourse.org


It was 1959.  Alaska Statehood.  What was achieved by statehood?  Of the many provisions, three are "need to know".   First, a birthday present.  Of the approximately 367 million acres in Alaska, the new state was given the opportunity to select 104 million acres  (about 28% of AK) for its use.  (This land selection has taken decades, and is very near  completion.)  The federal government went from being a 99% owner of Alaska to a 72% owner (which would change in 1971 to about 60%). 


Second,  Alaska secured management of fish/game over nearly all of Alaska, resulting in the one system of regulations under the state. (Note - this changed in the 1990's.)


Seiner, Area M Salmon Fishery
www.aleutianseast.org
Trans-Alaska Oil Pipeline
www.dnr.gov
Third, the state was to receive 90% of the mineral lease sales and royalty payments on state land, while the federal government would receive 10%.  (Remember that the current North Slope oil fields are on state land!) 




Let's consider the Alaska State Constitution.  It is short and direct. It can be read in one sitting.  If you don't have personal copy, copies are available online, through your local Legislative Information Office, and from the Lt. Governor's office (really nice editions!).  As you read the constitution, take note of the placement of the articles. Where is the statement of rights in the U.S. Constitution?  Where is it in the AK Constitution?  What does this reveal about the character of Alaskans who supported this document?   Where is there language about resource ownership and use?   about Native rights?  Let's take a look.




Explore


The Constitution has 15 articles.   Take a look at the topics.  Notice the ordinances which linked the abolishment of the hated salmon traps to the statehood issue.


In the next page of this module we will focus on government structure (Articles II,III, IV).  At this time, review these parts of the constitution:


Article I  Declaration of Rights  Notice what rights are enshrined in the constitution.

AK Seafood Marketing Institute logo 2009
www.alaskaseafood.org
Article VIII Natural Resources  This article is critical to an understanding of several current issues in Alaska, especially the issue of subsistence hunting,fishing, and gathering, and allocation of these resources during a time of shortage.  Pay particular attention to Sections 1,2,3.     How do you interpret that language?  Also, Section 4 enshrines in the constitution the obligation of the state to manage Alaska's resources on the principle of sustained yield. 


Sections 12 and 13 address mineral development on state land.  Section 14 defines Alaska's waters as the "navigable" waters of the state (subject to the 3 mile coastal zone boundary).  While this may seem like an innocuous statement, consider that the federal government has jurisdiction over non-navigable waters which include many of the salmon spawning streams of Alaska. What does this mean for management of the fisheries?


Article IX Finance and Taxation Take a look at Section 7, Section 15, and Section 17.  The state constitution prohibits the "dedication of revenue", so it took an amendment to the constitution to create both the AK Permanent Fund (1976) and the Constitutional Budget Reserve Fund (1990).


Article XII  General Provisions Look at Section 12, Disclaimer and Agreement.  Note the statement regarding Alaska Native rights to property and fishing.  This provision has remained controversial, with various interpretations offered to support differing positions.  







Examine
  • Describe the major periods of Alaska governance. 
  • Describe the major reasons given for and against statehood.
  • Explain two provisions in the statehood compact and two in the Alaska Constitution that are pertinent to current issues in Alaska.