

                        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.



