Contributed by Stuart Thompson
Please consider our constitutions explaining “People Power” for the coming times ahead.
1) The focus of civic participation (which includes peaceful assembly and petitions) is described in US Constitution’s Preamble; the Constitution’s various clauses concerning election of public officials by the People, and its 1st, 9th and 10th Amendments. It is more thoroughly described in Article 1, Sections 1, 2, 6, 8, 11,16 and 24; in Article 11, Section 1 and 8; in Article 12, Section 14; and in the entirety of Articles 5 and 13 of the Alaska Constitution:
A) (AK)Article 1, Section 1. Inherent Rights---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.
B) (AK)Article 1, Section 2. Source of Government---All political power is inherent in the people. All government originates with the people, is founded upon their will only, and is instituted solely for the good of the people as a whole.
C) (AK)Article 1, Section 6. Assembly; Petition---The right of the people to peacefully assemble, and to petition the government shall never be abridged.
D) (AK)Article 1, Sections 7, 8, 11, 12, 16, 24 (covering aspects of trials by juries made up of Alaskan citizens and the opportunity for jury questions on points of law and fact)
E) (AK) Article 5---Suffrage and Elections: entirety of the article
F) (AK) Article 11 Section 1. Initiative and Referendum---The people may propose and enact laws by the initiative, and approve or reject acts of the legislature by the referendum.
G) (AK) Article 11, Section 8. Recall---All elected public officials in the State, except judicial officers, are subject to recall by the voters of the State or political subdivision from which elected. Procedures and grounds for recall shall be prescribed by the legislature.
H) (AK) Article 12---General Provisions: Section 14 Approval of Federal Amendment to Statehood Act affecting an Interest of the State under that Act.
I) (AK) Article 13---Amendment and Revision [re the Constitution and holding constitutional conventions]: entirety of the article
2) Important Definitions
a) Assembly, right of: 6th Edition of Black’s Law Dictionary: Right guaranteed by the First Amendment, U.S. Constitution, allowing people to meet for any purpose connected with government; it encompasses meeting to protest governmental policies and actions and the promotion of ideas. Contrast with definition of Assembly, Unlawful which hinges on proving that the congregating of people resulted in anti-social behavior of the group.
b) Duty (obligation): 6th Edition of Black’s Law Dictionary: A human action which is exactly conformable to the laws which require us to obey them. Legal or moral obligation. An obligation that one has by law or contract. Obligation to conform to legal standard of reasonable conduct in light of apparent risk. Obligatory conduct or service. Mandatory obligation to perform.
c) Petition: 6th Edition of Black’s Law Dictionary: A written address, embodying an application or prayer from the person or persons preferring it, to the power, body, or person to whom it is presented, for the exercise of his or their authority, in the redress of some wrong, or the grant of some favor, privilege, or license. A formal written request addressed to some governmental authority.
3) The focus of free speech is described in US Constitution’s 1st Amendment and more thoroughly in Alaska Constitution’s Article 1 Sections 3 and 5:
A) US Constitution, Amendment 1: 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 to peacefully assemble, and to petition the government for a redress of grievances.
B) (AK)Article 1 Section 3. Civil Rights---No person is to be denied the enjoyment of any civil or political right because of race, color, creed, sex, or national origin. The legislature shall implement this section.
C) (AK)Article 1 Section 5. Freedom of Speech---Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.
4) Important definitions
a) Defamation: 6th edition of Black’s Law Dictionary: An intentional false communication either published or publicly spoken, that injures another’s good name. …Includes both libel and slander. …Statement which exposes person to contempt, hatred, or ridicule. …The unprivileged publication of false statements which naturally or proximately result in injury to another. …To recover against a public official or public figure, plaintiff must prove the defamatory statement was published with malice. Malice as used in this context means that it was published either knowing that it was false or with a reckless disregard as to whether it was true or false. …
b) Bearing False Witness: Christian Bible(10 Commandments): Knowingly lying or telling half-truths ---intending to result in mistreatment of another’s reputation, or peace of mind, or property, or mental grasp of accurate reality.
Respectfully compiled by:
Stuart Thompson
lookitover@att.net