Bob Bird: Alaska’s judicial branch needs to be put back in its box

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By BOB BIRD

Alaska is no different than the other states in one regard: We have constitutional dolts running our governments, on the state and federal level. They have not read their history, the Federalist Papers, the conditions on which the individual states accepted the U.S. Constitution, nor the plain texts of our own flawed Alaska Constitution, rendered (with important modifications) by a socialist think-tank from the University of Chicago. 

“The Constitution means whatever the Supreme Court says,” is how most congressional and state legislators think the system operates. It is absolute B.S., but the momentum of this theft has centuries of jurisprudence behind it. Thus, when legislative lawyers are asked if court interpretations should be obeyed, guess whose side they take? They have been drilled in law school that case law trumps all others, when the opposite is true.

In the latest crisis of the courts here in the 49th (there have been so many it would take five columns to list and explain them), we are told that correspondence courses cannot be reimbursed by the state. Why? Because a judge says so!

In the meantime, we are told that democracy is under threat from the conservative side of the spectrum, because the lamestream media says so. 

So … it must be true? All other voices have been suppressed and ignored, ridiculed and banished, despite the fact that in the last four years, time and time again “conspiracy theory” has turned into “conspiracy fact”. This is true from not just the Covid Hoax but also in Jan. 6, the stolen election of 2020 and the various shades of the colossal lie called the “climate crisis.”

All Gov. Mike Dunleavy needs to do is the following: “Empowered by the state constitution  with the enforcement powers granted to me, I will continue to permit the reimbursement of correspondence courses for students in this state, and recommend that impeachment articles be drawn up by the state senate for any and all judges who believe that they have enforcement powers.”

Even liberals have been known to say, “Our state constitution empowers our governor with immense authority, and is quite unique in this regard.” It may or may not be a good thing, but when there is likely a consensus from both sides of the aisle, for heaven’s sake, Mr. Dunleavy — use it! 

Here is the citation from Article III, Sec. 16:

He may, by appropriate court action or proceeding brought in the name of the State, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty, or right by any officer, department, or agency of the State or any of its political subdivisions. This authority shall not be construed to authorize any action or proceeding against the legislature.

With the phrase, “or proceeding brought in the name of the state,” he need not utilize the courts, who in this case are the guilty party. He needs to “enforce compliance with the state and legislative mandate” to reimburse correspondence courses. He needs to “restrain violation of any constitutional or legislative power by any officer, department, or agency of the state”, which in this case is the tyrannical judiciary.

And you will notice that there is only one exception — the legislative branch.

Not the judicial branch.

Wake up, citizens. We do not have “three co-equal branches of government” like you are always told. The judiciary branch is the bottom feeder, followed by the executive, with the legislative branch being supreme.

In the end, this may be the reason for the hesitancy of the executive and legislative branches — it will begin an unraveling of the corrupt judicial branch, and relegate them to the corner of the machinations of state government, hopefully with an enormous dunce cap.

But as the late Vic Fisher said, “Liberals will always control the judiciary,” and it is the judicial branch that has suppressed the grand juries, warped the privacy clause, and have wrapped our beleaguered state around their little fingers for so long, we are like Gulliver being tied down by Lilliputians.

Yes, all branches of government can make constitutional mistakes. For too long, however, we have viewed the judiciary as gurus and gods, and have surrendered our republic to their individual piques and political biases.

Here is the opportunity to end it.

Bob Bird is chair of the Alaskan Independence Party and the host of a talk show on KSRM radio, Kenai.

23 COMMENTS

  1. Like your way of thinking, Clear and concise. No so with the Wizards of Smarts in the identified levels of our State government. Tho stated, how to rectify as it will not be a volunteering action for sure.

  2. While the state legislature is drafting articles of impeachment, they should also revamp how judges are selected in the first place. The current process ensures liberals will continue to have a stranglehold on Alaskans!

    Time for change and following the state constitution as written and stop allowing corrupt judges to legislate from the bench!

  3. The fact that Dunleavy was re elected with the ranked choice, mail in ballot scheme indicates and confirms he is owned by the uniparty in Alaska. He remains in office to appease the “conservative” segment of the public with empty words that sound agreeable, but are meaningless, giving the illusion he would effectively fight for issues that matter. He failed to protect citizens from losing their jobs for refusing to destroy their own health when their employers demanded they take untested toxic injections. The state is now ending family autonomy to be able to choose an actual education for their children. The only option for most parents who cannot afford private school tuition is to send their children to the moral cesspools and utterly incompetent public school system. My prediction he has no intention to protect families, rather create an illusory narrative that he really tried hard to fight this, but there is nothing more he can do when his efforts fail. But keep voting for him because the alternative you will get is worse.

  4. Excellent article! Every Legislator needs to hear from citizens to ensure that our constitutional rights are protected and that every Alaskan gets a fair trial.

    The Legislative Branch is the STRONGEST. Legislators are elected by we the people for the people.

    No doubt about it, ALASKA needs JUDICIAL REFORM. Governor Dunleavy, please intervene on behalf of our children, their education and well-being. Article III Sec. 16

    Alaskans, write your Senators and Representatives that you support HB 82. This bill needs to pass and NOT die in a committee.
    SELECTION AND REVIEW OF JUDGES
    SPONSOR(S) REPRESENTATIVES RAUSCHER, Carpenter, McKay
    TITLE
    “An Act relating to the selection, retention, and rejection of judicial officers for the court of appeals and the district court and of magistrates; relating to the duties of the judicial council; and relating to the duties of the Commission on Judicial Conduct.”

    Senator Shower has been trying for a few years to get a bill passed regarding review and selection of judges. First it was SB 14. SB 14 died in Finance at the prerogative of the Chair.
    SB 31 Selection and Review of Judges was next introduced again by Senator Shower.
    ‘https://www.akleg.gov/basis/Bill/Detail/33?Root=SB%20%203
    Also, call in to give testimony to support bills. SB 31 Testimony Starts 04:30:06 PM
    ‘https://www.akleg.gov/basis/Meeting/Detail?Meeting=SSTA%202023-02-23%2015:30:00

  5. Good article, Bob, and a really interesting angle. Unfortunately, Big Mike will likely just keep on ridin’ that fence. Until the judicial nomination process allows the nomination of impartial (a.k.a. conservative) candidates, which would involve taking control away from the Bar Association, the system will still be broken.

  6. An accurate synopsis of the problems but no real solutions offered unless you count “just follow the Constitution” which obviously hasn’t worked.

  7. It strikes me that two years ago, when some Alaska charter schools started allowing funds to pay for courses at sectarian schools such as Grace Christian, some people raised their eyebrows, arguing that our state constitution specifically forbids the use of state funds for sectarian education. (This use was something new, and alarms went off for some people, wondering how long it could last before the Powers that Be came after their kids, and whether or not it was to be celebrated and bought into, given our state constitution.)

    I don’t doubt that this debacle -made gigantic by Judge Zeman’s ruling- is, as Dunleavy indicated, being framed as a religious issue, but…isn’t it a religious issue?

    Do we or do we not still have a problem with what our state constitution says about state funds for education and it’s use for classes offered through admittedly sectarian institutions?

    It seems to me there’s more than one wrinkle to be ironed out here.

  8. I keep remembering all the times the governor has asked for the public to support him by calling their legislators on behalf of a bill or proposed constitutional amendment that would empower Alaskans only to be met by little or no reaction. Where was the support for the proposed constitutional amendment that would have allowed Alaskans to vote on any taxes, or the proposed constitutional amendment that would have put the PFD payout in the constitution? When the legislature consigned them to the black hole there was not even a whimper. And now we see people again urging their governor to go out and engage the judiciary single-handedly to protect correspondence schooling. And what will happen if he does so? My guess is that you will be able to hear a pin drop. Then Scott Kendall will revive the recall petitions and Alaska will be visited with the likes of Kathy Geissel as possibly the next governor, who is already siding with the unions. And the losers will not be just the kids, but the rest of Alaska as well.

  9. This opinion piece is right from the gut. And It took a lot of guts to write it. Mr. Bird, in one short essay, has exposed the Alaska judiciary for what it really is: a convention of law school educated, self-important clowns who couldn’t cut it as lawyers in private practice so they put on black robes seeking worship status.
    .
    The Constitution doesn’t need another clown’s windy interpretation. The plain meaning and the strict construction of the language therein is not encoded or written as a cypher for a clown in a black robe to unriddle. It contains straight forward meaning, not some left-wing interpretation to fit the politics of the times.
    .
    The reason we don’t have many judges who follow the path of strict construction is because they don’t want to offend the brotherhood of the indoctrinated left. Judicial inclusion means being worshiped. Judicial exclusion means being outcasted.
    .
    Lastly, these interpretations and decisions from the bench are only OPINIONS. Let’s not forget that. Like *assh*les, everyone has one.

    • Based on your comment, you don’t think judges to interpret constitutional language as what is written is clear as day.

      So how do you square what I am guessing is support for the homeschool/correspondence allotment being paid out to families then those families paying private, sometimes religious, schools tuition with the following passage from the AK Constitution: “No money shall be paid from public funds for the direct benefit of any religious or other private educational institution”?

      • 1. NOT a “direct benefit.”
        2. Go read the Preamble to the Alaska Constitution. There, you will find the answer.

        • MCC formerly ABT and their school was automatically enrolling students in a correspondence school and then telling parents they could use the allotment to pay for tuition.

          Is that not a “direct benefit” and/or a violation of that passage from the state constitution?

          I think the allotment is a great thing for parents, but I am wholeheartedly against a religious school violating the constitution by attempting to skirt regulations that were put in the state constitution by people way smarter than we are.

          And having read the preamble to the AK Constitution, while thanking “god,” it doesn’t say anything about allowing public funds to be spent on private/religious schools

  10. I wake up in the morning, gulp some coffee and go straight to MRAK. Suzanne and her battalion of commenters reminds me that my lowly job as a building janitor has as much real life credibility as a clown in a black robe.

  11. Please read Senate Joint Resolution (SJR) 21 introduced by Senator Elvi Gray-Jackson 2/24/20 “Proposing amendments to the Constitution of State of Alaska relating to the office of attorney general” ‘https://www.akleg.gov/basis/Bill/Detail/31?Root=SJR%2021%20Elvi%20Gray-Jackson%202/24/20

    As you know, there cannot be Alaska Initiative Petition based on Alaska Bench and Bar. Also, it in unrealistic to think Alaska will have a Constitutional Convention. In 2022, the issue did not even get 30% of Alaska vote even though there was great interest in this issue.

    A total of 43 states have elected Attorneys General. Alaska is the only state of the 50 states in the U.S. that does not have an American Bar Association accredited law school.

    Alaska Bar Association is out of control. Its two functions are Alaska law licensure and Alaska attorney discipline. It fails miserably at both functions.

    Please ask candidates for Alaska Legislature in your District this Summer 2024 if they support election of Alaska Attorney General. The timeline will be a vote of 40+ of 60 Alaska Legislators as their first act on January 21, 2025 in 34th Alaska Legislature First Session to put this issue on Alaska Ballot in 2026. The 40 or more of 60 AK Legislators can include that the first election of Alaska Attorney General who must be a member Alaska Bar Assn. will be on our Alaska Ballot in 2026.

    ONLY SUPPORT CANDIDATES FOR ALASKA LEGISLATURE WHO WILL AGREE TO VOTE FOR UPDATED SJR 21 “PROPOSING AMENDMENTS TO THE CONSTITUION OF THE STATE OF ALASKA RELATING TO THE OFFICE OF ATTORNEY GENERAL.”

    Please let me know if you support election of Alaska Attorney General at ‘[email protected].
    Reply

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