Contributed on Behalf of the Office of Sen. Lora Reinbold
Proposed by Senator Lora Reinbold requesting special legislative consideration, during these unprecedented times, regarding the Public Health Disaster Emergency Declaration issued on March 11, 2020 and actions taken under that Declaration by the Executive Branch.
Urging the Executive Branch of the State of Alaska to revise the Public Health Disaster Emergency Declaration issued on March 11, 2020 and immediately repeal all Executive Branch Health Mandates that are in violation of the Constitution of the State of Alaska, the Constitution of the United States of America, inclusive of the Bill of Rights, and the Declaration of Independence as it pertains to the COVID-19 (Coronavirus) pandemic.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS, the 1st Amendment in the Constitution of the United States clearly states
the following, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” It is clear, many of the recent Executive Branch health mandates violate the people’s inherent rights in the Constitution of the State of Alaska, outlined in Article 1, and the people’s rights guaranteed in the United States Constitution’s Bill of Rights. The Declaration of Independence declares, “That all men are created equal, that they are endowed by their Creator with certain Unalienable Rights that amongst these are Life, Liberty and the Pursuit of Happiness.” Many of the health mandates issued by the Executive Branch are in direct violation of the Declaration of Independence, Constitution of the United States of America, and the Constitution of the State of Alaska; and
WHEREAS, the Constitution of the State of Alaska, and the Constitution of the United States of America, inclusive in the Bill of Rights, and the Declaration of Independence are the Supreme Law of the land for all Alaskans. All elected officials take an oath to “support and defend the Constitution of the United States and the Constitution of the State of Alaska” and every elected official must be held accountable to their oath; and
WHEREAS, under Article 7, Sections 1, 4, and 5, the Constitution of the State of Alaska, Section 1 states “The Legislature shall by general law establish and maintain a system of public schools open to all children of the State...” and Section 4 states “The Legislature shall provide for the promotion and protection of public health.” Section 5 states, “The Legislature shall
provide for public welfare.” The Legislative Branch has constitutional responsibilities and must be involved critical decisions regarding public education, public health and public welfare, including health mandates that affect these institution; and
WHEREAS, under Article 2, Section 13 in the Constitution of Alaska “Every bill shall be confined to one subject unless it is an appropriation bill or one codifying, revising, or rearranging existing laws. Bills for appropriations shall be confined to appropriations. The subject of each bill shall be expressed in the title. The enacting clause shall: “Be it enacted by the Legislature of the State of Alaska.” The Legislature is the appropriating body of government and therefore must be involved in the appropriation of emergency funds to meet their constitutional responsibilities referenced in but not limited to Article 7, Sections 1, 4, and 5; and
WHEREAS, even in the case where the Executive Branch has declared a Public Health Emergency, it is imperative that the Unalienable Rights and Inherent Rights of Alaskans must not be infringed upon. Government must balance the best interests of Public Health, General Welfare and the Economy to avoid undue infringement on Alaskan’s constitutional rights; and
WHEREAS, the 4th Amendment in the Constitution of the United States, clearly states the following, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and 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.” Many Alaskans do not support the surveillance, including but not limited to, personal phone devices that the Department of Health and Social Services is wrongly monitoring without the consent of the governed. The Constitution of the
State of Alaska states “the people’s privacy is recognized and shall not be infringed” Article 1, Section 22; and
WHEREAS, the 5th Amendment in the Constitution of the United States clearly states the following, “No person shall… be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.” And the Constitution of the State of Alaska Article 1, Section 18 “Private property shall not be taken or damaged for public use without just compensation.” Many Alaskans are being deprived of these guaranteed rights, without due process, by the Executive Branch health mandates and corrective action must be taken immediately; and
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