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861.ALASKA.TXT
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1994-02-11
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ALASKA DECLARATION OF RIGHTS
Article I of the 1959 Constitution of
Alaska As amended to 1974
ARTICLE I
DECLARATION OF RIGHTS
Sec. 1 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
Sec. 2 All political power is inherent in the people. All govern-
ment originates with the people, is founded upon their will
only, and is instituted solely for the good of the people as
a whole.
Sec. 3 No person is to be denied the enjoyment of any civil or pol-
itical right because of race, color, creed, sex, or national
origin. The legislature shall implement this Section.
Sec. 4 No law shall be made respecting an establishment of reli-
gion, or prohibiting the free exercise thereof.
Sec. 5 Every person may freely speak, write, and publish on all
subjects, being responsible for the abuse of that right.
Sec. 6 The right of the people peaceably to assemble, and to peti-
tion the government shall never be abridged.
Sec. 7 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 the legislative and
executive investigations shall not be infringed.
Sec. 8 No person shall be held to answer for a capital, or other-
wise 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 in-
formation. The grand jury shall consist of at least twelve
citizens, a majority of whom concurring may return an in-
dictment. The power of grand juries to investigate and make
recommendations concerning the public welfare or safety
shall never be suspended.
Sec. 9 No person shall be put in jeopardy twice for the same of-
fense. No person shall be compelled in any criminal proceed-
ing to be a witness against himself.
Sec. 10 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, un-
less on the testimony of two witnesses to the same overt
act, or on confession in open court.
Sec. 11 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 wit-
nesses in his favor, and to have the assistance of counsel
for his defense.
Sec. 12 Excessive bail shall not be required, nor excessive fines
imposed nor cruel and unusual punishments inflicted. Penal
administration shall be based on the principle of reform-
ation.
Sec. 13 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.
Sec. 14 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.
Sec. 15 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 im-
munities shall be passed. No conviction shall work cor-
ruption of blood or forfeiture of estate.
Sec. 16 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.
Sec. 17 There shall be no imprisonment for debt. This Section does
not prohibit civil arrest of absconding debtors.
Sec. 18 Private property shall not be taken or damaged for public
use without just compensation.
Sec. 19 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.
Sec. 20 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.
Sec. 21 The enumeration of rights in this constitution shall not im-
pair or deny others retained by the people.
Sec. 22 The right of the people to privacy is recognized and shall
not be infringed. The legislature shall implement this
Section.