Juneau - Wednesday, the Alaska Senate passed Senate Joint Resolution 27, sponsored by Senator Dave Donley (R-Anchorage). SJR 27 corrects problems created by a recent State Supreme Court decision by making it possible for the legislature to place constitutional revisions as well as amendments before Alaskans for a vote. SJR 27 would also prohibit a court from changing the wording of proposed constitutional amendments or revisions.

"The purpose of this legislation is to return political power to the people of Alaska," said Donley. "The lawyers on the Alaska Supreme Court, who are not elected by the people or approved by the legislature, are dictating whether Alaskans get to vote on constitutional amendments. This legislation will return the power to decide the content of Alaska's Constitution to Alaskans and their elected representatives."

SJR 27 was drafted in response to the Alaska Supreme Court's final decision in Bess v. Ulmer, which created a new distinction between amendments to the state constitution and revisions to the state constitution. Amendments may be proposed by a two-thirds vote of the legislature or at a constitutional convention while, according to the Court's decision, revisions may only be proposed at a constitutional convention. The Court, in Bess v. Ulmer, dictated that amendments can only consist of changes that are 'few and simple and independent,' whereas revisions are whatever else the members of the Court say they are.

"The ambiguous nature of these definitions allows the members of the Court tremendous latitude to make decisions based on their own personal political beliefs as to what constitutional issues Alaskans can and cannot vote on," said Donley. "They actually can and have removed amendments from the ballot, usurping the people's power to decide whether an amendment to the state constitution is appropriate or desired."

Donley explained that the Court, for the first time ever, in Bess v. Ulmer claimed the power to change the wording of constitutional proposals. "This is an incredibly dangerous and terrible public policy and the worst kind of political power grab," he said. "This creates a situation in which the lawyers on the State Supreme Court can impose their own political beliefs on the people of Alaska by deciding what ballot propositions say and mean. Political issues should be decided by the people of Alaska through their elected officials or the initiative process not non-appointed, non-elected lawyers sitting as judges."

SJR 27 moves to the House for consideration.