AG turns advocate

By Stefan Milkowski, Fairbanks Daily News-Miner
Published 12:32 pm, July 25, 2006
Archived under Info Pipe

Jim Clark, the governor’s chief of staff, on Monday used a letter from Attorney General David Marquez in the effort to get past the issue of whether the governor would execute the proposed gas pipeline contract without legislative approval.

In the letter, Marquez examined the overlap and separation of the three branches of government and concluded that because the proposed contract involves the power of taxation—a legislative authority—the Constitution would not bar the legislative body from having a say along with the executive.

“In my opinion,” he wrote, “legislative approval of the fiscal contract is constitutionally required.”

Then Marquez became an advocate.

He wrote that the governor is urging lawmakers to pass the amendments and ratify the contract before the November election because of a ballot initiative to tax natural gas reserves.

“The reserves tax would kill the gas pipeline’s economics,” he wrote, backing the governor’s claim. Alaska needs investment in oil and gas exploration to stop the decline in oil production, he went on, echoing another administration argument.

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