Constitutional amendment will not fix federal law

The Federal Subsistence Boards recent decision recognizing Kenai as rural has once again sparked interest in one of Alaskas longest-running public debates.

From all indications, the governor and some of his supporters view this recent decision as another opportunity to try for an amendment to Alaskas Constitution, allowing for discrimination through segregation.

Segregation has been held to be a discriminatory practice since the U.S. Supreme Court ruled in Brown v. Topeka that segregation was unconstitutional.

One can attempt to explain away the ramifications of altering our constitution with all the usual arguments about how we discriminate already; however, none of the usual examples such as the restrictions that apply to drivers licenses apply to the equal-protection clause in the same way. Reasonable exceptions for responsible actions on questions such as age are not in any way comparable to segregation based solely on place of residence.

Alaskans must ask themselves whether the purpose of a proposed constitutional amendment has sufficient merit and will provide some clarification to the rights of men and women not already provided for within the current framework.

For that is the main purpose of a constitution in a free republic, it provides the framework on which good laws shall be based. Does the proposed constitutional amendment provide for some action or some relief from oppression that could not otherwise be accomplished?

I believe the proposed amendment to allow for discrimination based on ones place of residence not only fails that test, but is completely unnecessary to accomplish a reasonable goal.

Our present constitution allows the Legislature and the boards of Fish and Game to provide special considerations for Alaskans living in remote areas who are dependent upon fish and game resources as part of their livelihood.

Through the use of controlled-use areas and special seasons, we have the ability to provide nearly exclusive opportunities for rural residents to harvest fish and game. Changing the present constitution to allow for direct discrimination will not substantially increase opportunities, but it will allow our state government to decide who lives on the right side of the tracks and who lives on the wrong side of those same tracks.

This is the same kind of segregationist mentality that led to Jim Crow laws and the resulting civil unrest that gave us protests and marches and sometimes riots in places like Selma, Ala.

I have been told many times that we should give Alaskans a chance to vote on the subsistence issue. In fact, I have been told many times that people have the right to vote on such issues.

I cannot believe that if Alaskans were presented with the facts on this issue that they would honestly want us to place such an amendment on the ballot. Granting special privileges through a constitutional amendment based entirely on place of residence is not, nor should it ever be considered, a proper proposal for inclusion in the constitution of a free republic, let alone a proper ballot question.

Segregation can only lead to one conclusion, tyranny. It does not matter whether the tyranny imposed on an individual comes at the whim of a dictator or a self-righteous mob, the natural rights of an individual granted to them by their creator will have been taken away.

It is important to remember that our founding fathers handed us a framework upon which we could build a nation of free people. The constitution they gave us was not perfect and has been amended several times, as have been the constitutions of the various states.

However, ever since the inception of this great nation founded upon the proposition that all humans are equal, and that they are entitled to equality before law, neither the federal constitution, nor the constitutions of the various states have been used to reverse our proper course of action.

It is unfortunate, if not tragic, that, at this point in American history, Alaska is considering a constitutional change that will once again allow for segregation.