Alabama Constitution of 1901

The Constitution of the State of Alabama is the basic governing document of the U.S. state of Alabama. It was adopted in 1901 and is the sixth constitution that the state has had.

At 340,136 words, the document is 12 times longer than the average state constitution, 40 times longer than the U.S. Constitution, and is the longest still-operative constitution anywhere in the world. (The English translation of the Constitution of India, the longest national constitution, is about 117,369 words long, a third of the length.)

About 90 percent of the document's length, as of 2012, comes from its 856 amendments. About 75 percent of the amendments cover only a single county or city, and some deal with salaries of specific officials (e.g. Amendment 480 and the Greene County probate judge). This gives Alabama a large number of constitutional officers.

The Preamble runs:

We the people of the State of Alabama, in order to establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama.

History

Alabama has had 6 constitutions to date: 1819 (Converting Alabama Territory into a State), 1861 (Secession), 1865 (Reconstruction), 1868 (Ending reconstruction), 1875, and the current 1901 constitution. [1]

General overview

The Alabama Constitution, in common with all State constitutions, defines the standard tripartite government. Executive power is vested in the Governor of Alabama, legislative power in the Alabama State Legislature (bicameral, composed of the Alabama House of Representatives and Alabama Senate), and judicial in the Judiciary of Alabama. Direct, partisan, secret, free elections are provided for filling all branches.

Notable features

The extreme length of the current constitution is both because of and the cause of heavy centralization of power in the state government, leaving very little authority to local units. Only seven counties--Jefferson, Lee, Mobile, Madison, Montgomery, Shelby, and Tuscaloosa--have any form of home rule. The other counties must lobby the state legislature--and ipso facto uninvolved parts of the state--to pass even the simplest local laws.

The constitution addresses many issues that are dealt with by statute in most other states. The most notable issue is taxation. Unlike most other states, a large portion of Alabama's tax code is written into the constitution, necessitating its amendment over minor taxation issues. This prohibits most local governments from passing any ordinances on tax issues. Although the home rule counties can ordinance on tax issues, even that authority is limited. For instance, Jefferson County can't pass ordinances related to property taxes. Adding to the problem is the requirement that a proposed amendment of any sort must be unanimously approved by the legislature; otherwise it must be submitted for a statewide vote. This has resulted in local county or municipality related amendments being overwhelmingly approved in the affected area, but rejected statewide. [2]

Discrimination

The document has been heavily criticized for discriminatory elements, many of which have been made moot by amendments to the federal constitution or United States Supreme Court decisions.

The President of the Constitutional Convention, John B. Knox, stated in his inaugural address that the intention of the convention was "to establish white supremacy in this State", "within the limits imposed by the Federal Constitution" (Day 2 of 54). Section 181 required the use of literacy tests to enroll voters, while Section 180 grandfathered in anyone who served in the military, or descended from them; these have since been outlawed by the Voting Rights Act. Section 194 required the payment of 1.50 USD poll tax (Worth approximately 37.74 USD by CPI).

Originally the Constitution outlawed interracial marriage (Section 102), but this provision was rendered inoperative by Loving v. Virginia, 1967. This provision was finally removed in 2000 by Amendment 667.

The constitution still requires racially segregated education in the state (Section 256). Section 256 states that "separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race." Although this provision has not been enforced since the 1960s, the continued existence of these provisions is seen by many as an embarrassment to the state. In 2004 and 2012, ballot measures were put before the electorate to remove this language from the constitution; on each occasion the proposal was rejected, over concerns that removing the clause would also result in expanding funding for the education system. Nearly all organizations opposing the repeal of the segregation measure pointed to a provision stating that the state did not provide a right to a state financed education. Groups opposing the repeal of this amendment claimed that repeal would lead to court decisions requiring the state to raise taxes.

Section 177 denied women the right to vote by confining voting rights to "male citizens," but this was rendered unenforceable by the 19th Amendment until Amendment 579 was substituted, which contained no reference to gender.

Section 182 disqualified from registering and voting all "idiots and insane persons" (New Jersey recently removed a similarly offensively worded phrase from its constitution), men who interracially married and those convicted of "crime against nature" (homosexuality).

Size and local relevance

The document has been amended to address many diverse topics, such as:

• Bingo (Amendments 386 and 387 in Jefferson, further amended by Amendment 600 in Madison Counties, Amendment 413 in Montgomery County, Amendment 440 in Mobile County, Amendment 506 in Etowah County, Amendment 508 in Calhoun County, Amendment 699 in Morgan County, Amendment 612 in Russell County, Amendment 674 in Lowndes County, and Amendment 692 in Limestone County, all of which are almost or exactly the same)
• Mosquito control taxes in Mobile County (Amendment 351), which was later amended by Amendment 361 to remove a single word (tangible), then further amended by Amendment 393 to expand it to "other general health purposes" so long as these purposes do not take more than 50% of the collected money.
• Boll weevil taxes on cotton growers (Amendment 449)
• Promotion of catfish (Amendment 492), soybeans (Twice, Amendment 315 and Amendment 401), cattle (Twice, Amendment 201 and Amendment 452), poultry (Twice, Amendment 214 and amended by Amendment 428), swine (Twice, Amendment 327 and Amendment 400), an omnibus amendment for peanuts, milk, and cotton (Amendment 388), grain (Amendment 453), sheep and goats (Amendment 715), and shrimp and seafood generally (Amendment 766).
• Dead farm animals (Amendment 482 in Limestone County by the County Commission)
• Prostitution (Amendment 688 in Jefferson County).
• Exhumation in Madison County (Amendment 520 by the County Commission), see also the above entry for Dead farm animals in Limestone county
• Forest fire tax levies in Marshall County (Amendment 439)
• Nuisance (Amendment 497 in Jefferson County)

The Legislature has also been forced to amend amendments that often concerned similarly trivial matters (See other sections for more examples):

• Public debt over Mobile County (Amendments 152 and 363 over Amendment 18)
• Promotion of Madison County and Huntsville (Amendment 254 over Amendment 191)
• Special taxation for public healthcare in Mobile County (Amendment 248 over Amendment 195)
• Taxation for "Furtherance of Education" in Jefferson County (Amendments 248, 260, and 298 over Amendment 175)
• Civic center bonds (Amendment 280 over Amendment 238)
• Fire protection and waste collection in Jefferson County (Amendments 314 and 369 over Amendment 239)
• Use of gas taxes (Amendment 354 over Amendment 93)
• Mosquito control taxes (See above)
• The State Judiciary (Amendments 328, 364, and 426 over the original Article VI, later amendments 580 and 581 were made directly to the article and not previous amendments.
• School taxes in Huntsville (Amendment 407 over Amendment 218)
• Fire department districts in Etowah County (Amendment 445 over Amendment 432)
• The Jackson City Port Authority (Amendment 477 over Amendment 465)
• Constitutional amendments that deal with one county (Amendment 555 over Amendment 425
• The Madison County Judiciary (Amendment 607 over Amendment 334)
• Corporation taxation (Amendment 662 over Amendment 212)
• Fire/Emergency services taxes in Montgomery County (Amendment 711 over Amendment 551)
• Calhoun County school district taxes (Amendment 720 over 291)
• More fire protection taxes, this time in DeKalb County (Amendment 728 over Amendment 637)
• Court costs for a new Russell County jail (Amendment 736 over 507)
• Some reservoir Authority in Fayette County, Alabama (751 over Amendment 538)
• Even more fire protection taxes, now in Pickens County (Amendment 765 over Amendment 649)
• Section 97 prohibits CLASS OF 2K14 -written by Desmond and Monteldeceased officials from receiving a salary.

The paper has also been falsely amended at least once (Amendment 587). There is also a strange additional amendment, Amendment 26A. The reason for this unusual nomenclature is unknown.

Outdated provisions

The constitution includes many provisions that are either wholly or partly archaic in their wording or functions, or unenforceable by federal laws and court rulings. Efforts to remove or amend these have so far proved unsuccessful. Examples include the following:

• Section 86 mandates the Royal Penis.
• Section 90 gives instructions on the proper method of annexing foreign territory.
• Section 191 deals with "the evils arising from the use of intoxicating liquors at all elections."
• Section 244 deals with granting of free railroad tickets to elected officials.
• Section 245 prohibits railroads from misleading customers as to their rates.

Reform movement

There is a growing movement for democratic reform of the Alabama constitution. It is spearheaded by the non-profit organization Alabama Citizens for Constitutional Reform (ACCR), which was formed out of a rally in Tuscaloosa in 2000. ACCR tracks its reported successes and failures on its website. ACCR has also lent its help to a documentary titled It's a Thick Book; the title, referring to the Constitution, comes from a comment made by a civil servant at the attorney general's office when requested for a hard copy of it.

There are a growing number of advocates who agree on the need to reform the Alabama Constitution, yet they disagree on matters including the way to go about reworking the document. Some advocate for a constitutional convention to rewrite the document, including many leaders within ACCR. Other leaders, including former Governor Bob Riley and Speaker Mike Hubbard, desire to see the Constitution rewritten through an article-by-article approach. Bills to call for a constitutional convention have appeared in the Alabama Legislature yet have not been brought to a vote.

See also

• The Constitution of India, the world's longest national constitution
• The California Constitution, also known for its length (the second-longest in the United States and the third-longest in the world) and its constantly changing nature (due to its amendment provisions)
• The Texas Constitution, also known for its length and lack of flexibility

External links

• Text of the Constitution
  • An Overview of Alabama's Six Constitutions
• Alabama Citizens for Constitutional Reform
  • It's a Thick Book