Article 1, Section 22: The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section. [Amended 1972]
So was the Alaska State Constitution amended. It had nothing to do with abortion, which had already been legalized in 1970 in our state. But it did have everything to do with traditional frontier attitudes seen in American culture regarding personal vice. But at the dawn of the computer age, the primary concern was to protect data mining of electronic legal, corporate, private, medical and commercial files.
Note the bold highlight, my own. Understanding that “privacy” was a nebulous term, the legislature would be empowered to define its limits.
Naturally, it has never done so, and abdicated the field to — who else? — the courts. If you believe that this section has protected your personal privacy in the Internet Age, you are living in a dream world. However, the Alaska Supreme Court has used it primarily to protect [you guessed it] abortion. It is why Planned Parenthood has identified Alaska as an “abortion safe state” in a post-Roe culture.
This needs to be addressed by an allegedly prolife Governor, Attorney General and members of the legislature.
THE NEWS: the Alaska State House of Representatives, due to the efforts of prolife members within the majority coalition (dominated by Democrats), surprisingly left out funding for abortion. The inside scoop was a mild raised eye-brow most by prolifers, who have figured with their knowledge of past events, that the Democrats let them have their way, being protected by court-ordered funding.
Court-ordered funding, you say? Just who holds the “power of the purse”? The courts or the legislature? It is an amazing usurpation (overthrow) of constitutional principles, which have never, repeat never, been defended by the legislature.
It is time that they do. A person could even be in favor of abortion and state funding thereof, yet understand the principle at stake to be a vital one. What’s next? Court-ordered subsidies for dairy farmers?
However, due to constitutional ignorance, reinforced not only by junior high civics, high school text books and law schools that promote Case Law above all others, most people believe that “The constitution means whatever the courts say it is.”
When … not “If” … the courts order the legislature to install abortion funding, the Governor and the legislature ought to defy it. Imagine a prolife committee chairman of Senate Finance violating not only his conscience but his oath to defend the state constitution. [Please note: His oath is not to defend the courts.]
Imagine a prolife AG going along with funding. Or an already-proven risk-taking and prolife Governor to sit idly by!
There is absolutely no mechanism to support the courts, except that of constitutional ignorance. Would state troopers arrest legislators? Who would order them? Would they stand in committee with a gun at their head or handcuffs ready to take them to jail?
The courts cannot do it. The legislative lawyers, who are part and parcel of this scam, are mere bureaucrats. Would the courts impeach the legislature or Governor and AG? They have no power to do so.
In truth, such an action by the courts would be an impeachable offense. But because the legislature has been a weak and compliant arm for many years now, such an action would be — Gasp! — controversial! The mainstream media would not like them, you see. Screeching feminists would be in their face and Democrats would get open play with pontificating nostrums about “the poor”.
Your mission, prolife Alaskans, is to:
POM, email, call your local legislator and tell them that any effort by the courts to order abortion funding is an impeachable offense. At the very least, they should call the courts’ bluff this time.
And then, amend Article 1, Sec. 22 to state: “The right to abortion is not recognized in this section.” It would be that simple.
Do this often: today, tomorrow, next week.
A unified prolife response to this is being planned.
May God help us, and beg His assistance in prayer.