Description
This document is an opinion from the Office of the Governor regarding the constitutionality of statutes that require the governor to choose board and commission appointees from a nomination list provided by a private entity. The opinion concludes that such statutes are likely unconstitutional, unless the board or commission is purely advisory in nature. The opinion is based on the Alaska Constitution, Alaska Supreme Court caselaw, and former Attorney General opinions.
* The opinion discusses the separation of powers and the exclusive executive power of appointment
* It examines the Alaska Constitution and the intent of the framers
* It reviews relevant caselaw, including Bradner v. Hammond and Dunleavy v. Alaska Legislative Council
* It considers the nondelegation doctrine and the importance of accountability in government
* It concludes that statutes requiring the governor to choose from private-entity nomination lists are unconstitutional, unless the board or commission is advisory in nature
Attached files
Contact
Cori Mills(Acting Attorney General)