Justice Department Recommends the Timing of Alaska’s Formal Admission to the Union (1958)

Date: December 31, 1958

Created By: William P. Rogers

Original or Replica: Original

Era: Alaska & Hawaii Statehood, The Presidency

Collection: Eisenhower Presidential Library

Citations: DDE’s Records as President, Official File, Box 630, OF-147-D Alaska (5); NAID #12012415

This December 31, 1958 Department of Justice memorandum examines the precise timing of Alaska’s formal admission as the 49th state and the potential consequences for its newly elected members of Congress. Because Alaska’s admission would automatically entitle it to congressional representation, officials were concerned that admitting the state either before or after the expiration of the 85th Congress could create uncertainty over when the terms of Alaska’s senators and representative began. The memorandum explains that the 86th Congress would begin at noon on January 3, 1959, making the exact timing of statehood legally significant.

To avoid these problems, the memorandum recommends that President Dwight D. Eisenhower issue the proclamation admitting Alaska immediately after noon on January 3, 1959. This timing would ensure that Alaska’s congressional delegation began its terms just after other newly elected members of Congress and would prevent unnecessary questions concerning their eligibility, seating, or seniority. The document also explains that Alaska would officially become a state when Eisenhower issued the proclamation, not simply when he signed it.

Officials considered alternatives, including signing the proclamation on January 2 but delaying its effective date until January 3. The memorandum warns that this approach could create additional legal uncertainty and even litigation. It also rejects dating the proclamation January 3 if Eisenhower actually signed it January 2, since doing so could effectively create a false affidavit.

The document provides a detailed look at the constitutional and procedural considerations involved in the final hours before Alaska officially entered the Union.