Legislative Research Services
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LEGISLATIVE RESEARCH SERVICES Alaska State Legislature (907) 465‐3991 phone Division of Legal and Research Services (907) 465‐3908 fax State Capitol, Juneau, AK 99801 [email protected] Research Brief TO: Senator John Coghill FROM: Patricia Young, Manager DATE: February 13, 2015 RE: Congressional Logjam over Statehood for Alaska LRS Report 15.259 You asked about attempts before Congress—occurring prior to the 1958 passage of the Statehood Act—that would have enabled the Territory of Alaska to become a state. The movement for statehood for Alaska was long and contentious. In the last years leading up to the constitutional convention, Congress had considered a number of statehood bills with support shifting from House to Senate, but never both at once. For example, a statehood bill for Alaska was approved by the U.S. House of Representatives in 1950, but it died in the Senate. During the following Congress, a bill in the Senate died on a very close vote. Subsequently, with President Eisenhower endorsing statehood for Hawaii, a Hawaii statehood bill passed the House. In order to get the Alaska bill moving, the Senate inserted the Alaska statehood language in the Hawaii bill that had passed the House.1 That bill eventually died when Congress adjourned.2 Other bills similarly attempted to tie statehood for Alaska with that for Hawaii, but none passed. Opposition to Statehood for Alaska Reliable sources at the time and since concur that several factors caused enabling legislation for Alaska’s statehood to falter and die in Congress over a span of many years. Robert A. Frederick, in Alaska’s Quest for Statehood 1967 – 1959: An Essay with Historical Photographs and Cartoons, summed up the causes as follows: Opposition to statehood for Alaska came mainly from the Senate but also was to be found in the House of Representatives. There were at least six reasons which motivated the negative positions. Of these, perhaps the most generous was that the Territory was simply not ready to handle such a gigantic task financially, considering the fastness of the Great Land—that it might mismanage its resources both animate and inanimate. A second source of opposition were those companies and interests outside Alaska which had so successfully exploited it with little return to the Northland and lobbied in Congress to keep the status quo. A third group to object were some senators and representatives from Southern states, who feared that an Alaskan delegation, however small, would most likely be liberal—especially in the matter of civil rights and voting rights issues. For generations Southern delegations, especially in the Senate, had been able to block civil rights legislation for American’s minority peoples. The method used in the Senate was the filibuster. It could only be employed if the other members of the Senate—a two‐thirds majority—did not force cloture. The Southerners expected that Alaskan senators would vote against them. A fourth objection, used also against the admission of Hawaii, was that Alaska had such racial diversity as to create problems within the Union. The civil rights legislation on the national scene was yet to materialize. A fifth reason for disapproval was that if one non‐contiguous possession or territory were admitted, the others would follow. Finally, political partisanship often prevails over 1 Victor Fischer, Alaska’s Constitutional Convention, Institute of Social, Economic and Government Research, University of Alaska Press, 1975. 2 The only pertinent bill we identified as having been enacted in 1955 was S. 1633, which read: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of section 11 of the Act entitled ‘An Act to create a legislative assembly in the territory of Alaska, to confer legislative power thereon, and for other purposes’, approved August 24, 1912 (48 U.S.C., sec. 82), any member of the legislature may be a candidate for election as a delegate in the formation of a constitutional convention and if elected may serve at such convention.” Approved July 12, 1955. Chapter 335, Public Law 154. statesmanship. As previously noted, it was expected that the Alaskan delegation to Congress would be Democrats at a time when the country had a Republican Administration and Congress. For a time this political consideration motivated those in positions of power to prevent Alaska’s admission.3 Drafting of a Constitution ahead of Enabling Legislation With no enabling act, and repeated defeats, Alaskans determined that their best recourse was to proceed with drafting a constitution. Members of the Territorial Legislature in 1955 passed legislation providing for the holding of the constitutional convention, which was held at the university outside of Fairbanks from November 19, 1955, through February 6, 1956.4 As noted by Gordon Harrison in Alaska’s Constitution: A Citizen’s Guide, [By 1955] the prospects were not bright for quick congressional action. Writing a constitution at that time, rather than after Alaska was admitted to the Union, was a gambit in the battle for statehood: stalwarts hoped that a good constitution written and acclaimed by the people of the territory would help rally skeptics to their cause and promote statehood in Washington, D.C. Alaska was not the first to use this tactic; several other territories had adopted constitutions prior to statehood. Hawaii, also seeking statehood, had drafted a constitution in 1950.5 In addition to the modern and carefully crafted constitution, political cartoons of the day were helpful in breaking the political “logjam” in Congress. Attached is an article and several of those cartoons, which by their subjects and dates show that Congress had not successfully moved on the issue right up to the vote on the measure that became our Statehood Act. That bill, signed by President Eisenhower on July 7, 1958, as Public Law 85‐508, required that in order for the Act to be effective, the Alaska electorate would need to adopt its specific provisions. We attach a short paper tracing those steps, “From the Alaska Constitution to Statehood.”6 Also attached is the main page from the University of Alaska’s collection on Statehood Files with links to various important documents and treatises, as well as a 1946 paper by George Sundborg, “Statehood for Alaska: The Issues Involved and the Facts about the Issues.” I hope this is helpful. If you have questions or need additional information, please let us know. 3 Robert A. Frederick, Alaska’s Quest for Statehood 1867‐1959: An Essay with Historical Photographs and Cartoons, Anchorage Silver Anniversary Task Force, Municipality of Anchorage, 1985, pp. 20‐21. 4 Chapter 46, Session Laws of Alaska, 1955. 5 Gordon S. Harrison, Alaska’s Constitution: A Citizen’s Guide, 5th ed., Legislative Affairs Agency, 2012. 6 Legislative Research Services 11.307, “From the Alaska Constitution to Statehood,” June 21, 2011. LEGISLATIVE RESEARCH SERVICES, LRS 15.259 FEBRUARY 13, 2015 — PAGE 2 CONGRESSIONAL LOGJAM OVER STATEHOOD FOR ALASKA LEGISLATIVE RESEARCH SERVICES Alaska State Legislature (907) 465-3991 phone Division of Legal and Research Services (907) 465-3908 fax State Capitol, Juneau, AK 99801 [email protected] Memorandum FROM: Patricia Young, Manager DATE: June 21, 2011 RE: From the Alaska Constitution to Statehood LRS Report 11.307 You wished to know the relationship between passage of the Statehood Act and the Proclamation of Statehood. You also wished to know the timing of events, and whether the Alaska Constitution was in operation prior to statehood. As you may know, the creation of a constitution prior to statehood was intended to allow for careful deliberation and the development of a well-reasoned, progressive document that gained from the experiences of other states. Supporters hoped that a good constitution would help to convince skeptics that the Territory was mature enough for the responsibilities of statehood. The following table shows the timing of events leading up to statehood. From Constitution to Statehood Date Event Notes 5-Feb-56 Delegates adopt Alaska Constitution Article XV of the Constitution established the legal continuity between the Territory and the State. Section 24 provided for three ordinances to be considered for ratification by the electorate: the first would adopt the constitution; the second would adopt the Alaska-Tennessee Plan; the third would abolished fish traps in Alaska. Section 25 specified that if ratified, the constitution would take effect immediately 24-Apr-56 Alaska electorate ratifies Constitution upon the admission of Alaska into the Union as a state. The Alaska-Tennessee Plan became effective upon ratification. That ordinance specified that two "shadow" senators and a representative would be elected at the 1956 general election to serve in Congress to prepare for the admission of Alaska to the Union. The third ordinance--the abolition of fish traps--would become effective upon the effective date of the constitution. President Dwight D. Eisenhower signs the Section 8(b) required that in order for the Act to be effective, the Alaska electorate 7-Jul-58 Alaska Statehood Act (PL 85-508) into law would need to adopt the specific provisions of the Act. Section 8(c) of the Statehood Act required that, upon certification of the election Alaska electorate adopts all propositions returns, the President would issue his proclamation announcing the results, and 26-Aug-58 required in the Statehood Act in a special upon that proclamation, the State of Alaska would be deemed admitted into the statehood referendum election Union. With that proclamation, Alaska became a state, and the Constitution became 3-Jan-59 President Eisenhower's Proclamation effective. Language in the Statehood Act required adoption by the Alaska electorate in order for the Act to become effective.