The members are known to their constituents and can be held responsible to them. Legislators have worked with the current document and are aware of its good and bad points, therefore, ought to have special insight into what needs fixing. Because they have been elected, perhaps several times, they should know better than a one-time-elected set of convention delegates what is actually possible to get accepted by the voters.
Because the legislative method of reform will take a long time, it allows for due consideration of proposals, rather than precipitous action. Alabamians have a profound suspicion of their state government. They simply do not trust the Legislature to write a document in their best interests. The Legislature is perceived to be unduly influenced by "special interests" - wealthy and powerful groups perceived as financial backers of various influential legislators who are therefore more indebted to these backers than to their constituents.
Previous experience has shown that because the process of adoption of new provisions article by article takes a long time, the reform movement is likely to bog down before the job is completed. In Alabama's case this leaves us with a document even more cumbersome that the one we are trying to replace.
One of the main features of the Constitution is that it centers almost all power over towns and counties in the Legislature, i. People are inclined to ask if it is likely that legislature will write a constitution that would strip them much of their power.
The document could be produced as a coherent entity, since no account would have to be taken of how new procedures would jibe with old ones to be corrected later.
The convention would have a limited lifetime in which to get the job done, and would have no distractions such as the regular, necessary business of the Legislature. People with knowledge and concern for good government who would not be willing to run for " political" office or make a four-year commitment to a legislative term would be willing to run for the short-term position of delegate.
Delegates could be chosen so as to represent all interests and population groups in the state. How could voters be assured that people running for convention delegate would be any more independent and free of ties to special interests than the legislators we already have?
A convention would be very expensive for a state already without sufficient funds to provide essential services such as education and police protection. Legislators would keep on being responsible for what they had done. Convention delegates would do their work and no longer be in a position to be held responsible. Although the current study is addressed narrowly to a consideration of the method of constitutional reform, it may be useful for Leaguers to review the LWVAL's current positions on topics relevant to the whole question of constitutional reform.
It may also be helpful here to mention some arguments against constitutional reform that are appearing in the state press. Letters to the editors of state papers and quotes from persons and groups opposing constitutional reform contain some statements so outrageous that it would seem better to ignore them, were it not for the fact that many people believe them.
There is a way to allay the fears that values and principles perceived to be embodied in the Constitution will be lost: that is by limiting ahead of time what may not be put on the table for reform.
If, for instance, the Preamble, which invokes God's favor, were deemed nonnegotiable, the call for reform could specify that the current preamble be kept as it is. In addition to the claim that God would be left out of the new constitution - are statements that 1 state boundaries would be abolished, 2 gambling would be permitted, 3 gun ownership would be prohibited, and 4 taxes would be raised. Let us look briefly at each these:. If it were deemed necessary to specify the boundaries in the constitution, it could be done so as to take account of naturally occurring changes without requiring periodic amendments.
Moreover, this is a matter for statutory rather than constitutional law. Constitution, i. Gun control, however, is a matter for statutory law.
In a fair tax system, a few Alabamians would pay more, but the undue burden that now falls on the poorest citizens would be mitigated. The question of taxes is undoubtedly the most inflammatory in the whole discussion of constitutional reform. The facts are these: Alabama has the most regressive and unjust tax system of all the fifty states.
Because of the limitations in the Constitution, especially with respect to home rule, counties and cities must depend heavily on sales taxes, which are regressive. That is, they hit the people with the lowest incomes hardest, especially because food purchases are subject to sales tax. Income taxes in Alabama are even less fair. Furthermore, Alabama's income tax is very gently graded, meaning that the highest incomes are taxed at only a slightly higher rate than the lowest.
Property taxes in Alabama are by far the lowest in the nation. Doubling them would not bring us even with Mississippi, 49 on the list. Montgomery reportedly has the lowest property tax rate of any city in the U.
A new constitution should probably say less about taxes than the present one does. What it should do is open the way for thorough tax reform and allow for flexibility and change as needs and conditions change, both at the state and local levels, by leaving specific tax law out of the constitution itself.
Alabama has had a low voter turnout in recent elections. Selling a new constitution, or even getting one written, may depend on that "silent majority" being convinced that a new constitution can provide a more responsive government and potentially better conditions for their lives.
Consideration of the method of constitutional reform should take this into account. The founding fathers, which produced the enduring document that is the Constitution of the United States of America, were not working in a vacuum in inexperience. Thirteen states had written constitutions before the Constitutional Convention assembled in Philadelphia in Some were held up as horrible examples. Others were examined as possible - but different - models.
It is always to some extent experimental. It is the supreme law of the state, yet it is always subservient to federal law. Since all powers not specifically defined in the Federal Constitution are reserved to the states, the writers of a state constitution have a great deal of leeway as to what to include. One complaint about the Constitution is that it is more like a code of laws than a framework for government. One major decision for whoever writes Alabama's next constitution will be how much law to include.
The content of that constitution is beyond the scope of this study, but we must think about what kind of document we want it to be. The Alabama Constitution of is recognized as an anti-democratic document written for the purpose of concentrating virtually all power in the state in the hands of the legislature which could be controlled by white landowners and industrialists. The more egregious discriminatory provisions have been annulled by amendments to the United States Constitution and by Federal laws assuring voting and other civil rights to all citizens.
Largely because the document limited the powers of counties and municipalities so severely, it has accumulated to date more than amendments, most of them required to allow towns and counties to tax themselves for needed local services or otherwise tend to their own affairs.
From the start, it was less a framework for government than a restrictive code of law. How do I request a ballot? When do I vote?
When are polls open? Who Represents Me? Congress special elections Governors State executives State legislatures Ballot measures State judges Municipal officials School boards. How do I update a page? Election results. Privacy policy About Ballotpedia Disclaimers Login. We the people of the State of Alabama, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution.
If both houses of the Alabama State Legislature by a three-fifths 60 percent vote agree, then a proposed constitutional amendment shall go on a statewide election ballot. If that amendment is approved by a simple majority of those voting in that election, it becomes part of the constitution. Amendments can be voted on either at the next general election, or at a special election date determined by the state legislature.
Section - Election or appointment of judges of inferior courts. Section - Qualifications of chancellors and judges of courts of record. Section - Terms of office of supreme court justices, chancellors and judges of circuit and probate courts. Section - Time of holding election for supreme court justices; staggered terms of office for supreme court justices. Section - Judicial officers conservators of the peace. Section - Vacancies in office of supreme court justices, elected judges and chancellors.
Section - Initial appointment or election of judges or chancellors for newly created circuits or chancery divisions. Section - Procedure when judge or chancellor incompetent to try, hear or render judgment in case. Section - Failure of judges or chancellors to attend regular terms of court. Section - Judges of courts of record not to practice law.
Section - Appointment, qualifications, terms of office and compensation of registers in chancery; fees of registers of chancery to be uniform throughout state. Section - Appointment and term of office of clerk of supreme court; selection of clerks of inferior courts.
Section - Election and term of office of clerks of circuit courts; clerk may serve as register in chancery; filling of vacancies in office of clerk.
Section - Removal of clerk of supreme court and registers in chancery. Section - Election, qualifications, terms of office and compensation of circuit solicitors; appointment or election of county solicitors. Section - Election of justices of the peace and constables; jurisdiction of justices of the peace; fees of justices of the peace and constables; appeals from justices of the peace; terms of office of justices of the peace and notaries public; appoint Section - Exclusion of persons from courtroom in cases of rape and assault with intent to ravish.
Section - Style of all processes. Section - Authority of legislature to abolish courts when function conferred upon some other court. Section - Terms of office of incumbents not abridged. Article VII Impeachments. Section - Governor, lieutenant-governor, attorney-general, state auditor, secretary of state, state treasurer, superintendent of education, commissioner of agriculture and industries and justices of supreme court. Section - Chancellors, judges of circuit and probate courts, judges of courts from which appeal may be taken directly to supreme court, solicitors and sheriffs.
Section - Clerks of circuit courts, courts of like jurisdiction and criminal courts, tax collectors, tax assessors, judges of inferior courts, coroners, justices of the peace, notaries public, constables and county and municipal officers.
Section - Limitation on impeachment penalties; accused person liable to indictment and punishment. Section - Age and citizenship qualifications of electors. Section - Residency, registration and poll tax requirements for electors. Section - Method of voting. Section - Persons qualified to register as electors Prior to December 20, Section - Same After January 1, Section - Certain persons disqualified from registering and voting. Section - Qualifications as elector required to participate in primary elections, party conventions, mass meetings or other methods of political party action.
Section - Applicability of article as to elections held after general election. Section - Oath or affirmation when vote challenged; false oath or affirmation constitutes perjury. Section - Legislature to provide for registration procedure after January 1, ; procedure for registration prior to January 1, Section - County board of registrars to furnish list of registered voters to judges of probate by February 1, ; judges of probate to file list with secretary of state by March 1, ; term for which registration valid; certificate of registratio Section - Certain information to be furnished prior to registration.
Section - Testimony may be required of any person other than defendant in trials of contested elections, proceedings to investigate elections and criminal prosecutions under election laws; immunity from prosecution due to testimony given. Section - Duty of legislature to pass laws regulating elections, primary elections and purging of registration lists. Section - Protection against evils of intoxicating liquors at elections. Section - Electors immune from arrest going to, attending and returning from elections.
Section - Returns of elections for certain officials to be made to secretary of state. Section - Poll tax Amount; maximum age for payment; when due and payable; when delinquent; returns of collections to be separate from other collections. Section - Same Payment of tax of another; advance of money for payment in order to influence vote. Section - Severability of article. Article IX Representation.
Section - Ratio of senators to representatives. Section - Maximum number of members of house of representatives; apportionment of house based on decennial census of United States. Section - Duty of legislature to fix number of representatives and apportion them among counties following each decennial census; each county entitled to at least one representative.
Section - Duty of legislature to fix number of senators and divide state into senatorial districts; equality of senatorial districts; senatorial districts not to be changed until next apportioning session; division of counties between senatorial dist Section - State may provide for enumeration of inhabitants for purpose of apportionment of representatives and senators.
Section - Initial apportionment of house of representatives. Section - Initial apportionment of senatorial districts. Article X Exemptions. Section - Personal property of value of one thousand dollars exempt from sale, execution or other process of court issued for collection of debt.
Section - Homestead not exceeding eighty acres or city, town or village lot not exceeding two thousand dollars in value exempt from sale, execution or other process of court issued for collection of debt; exception as to mortgages. Section - Homestead of family exempt from payments of debt after death of owner during minority of children. Section - Laborers' liens and mechanics' liens not barred by sections and Section - Homestead exempt upon death of owner, leaving widow, but no children.
Section - Property rights of females; property of wife not liable for debts, etc. Section - Waiver of right of exemption. Article XI Taxation. Section - Property taxes to be assessed in exact proportion to value of property. Section - Power to levy taxes not to be delegated. Section - Creation of state debt after ratification of Constitution; temporary loans; refunding bonds for existing indebtedness.
Section - Limitation on state property tax rate. Section - Limitation on county property tax rates; special county taxes for public buildings, bridges and roads. Section - Limitation on property tax rates of municipal corporations. Section - Property of private corporations, associations and individuals to be taxed at same rate; exception as to religious, educational and charitable property.
Section - Counties and municipal corporations exempt from payment of charges payable from state treasury. Section - Estate taxes. Article XII Corporations. Article Municipal Corporations. Section - Consent of municipal corporation prerequisite to use of public property for public utility or private enterprise purposes. Section - Payment of state license tax, etc. Section - Issuance of bonds by counties, municipal corporations, districts and other political subdivisions of counties. Section - Limitation on assessments for public improvements by municipal corporations.
Section - Limitation on county indebtedness. Section - Indebtedness of municipal corporations Limitation; exception as to Sheffield and Tuscumbia. Section - Same Municipal corporations whose present indebtedness exceeds constitutional limitation; exception as to Sheffield and Tuscumbia.
Section - Liability of public utilities in municipal corporations for damages to abutting property owners. Section - Maximum term of public utility franchises in cities and towns having population of six thousand or more.
Article Private Corporations. Section - Special laws conferring corporate powers prohibited; general law as to grant or amendment of corporate charters; corporation franchise taxes to be paid; exemption of benevolent, educational or religious corporations from franchise taxes. Section - Cancellation of certain corporate charters. Section - Limitation on remitting forfeiture of corporate charters. Section - Foreign corporations doing business in state.
Section - Corporations restricted to business authorized by charter. Section - Restrictions on issuance of corporate stock and bonds. Section - Taking of property for public use by municipal and other corporations. Section - Security for dues from private corporations; liability of stockholders.
Section - Issuance of preferred stock by corporations. Section - Authority of legislature to revoke charters of incorporation. Section - Telegraph and telephone companies. Section - Corporations may sue and be sued like natural persons.
Section - "Corporation" defined. Article Railroads and Canals. Section - When railroads and canals deemed public highways; railroad and canal companies; common carriers; rights of railroad companies generally. Section - Regulation of railroad companies vested in legislature. Section - Giving free passes or discount tickets to members of legislature or officers exercising judicial functions. Section - Railroad companies not to give rebates or bonuses in nature thereof; deceiving or misleading public as to rates.
Section - Acceptance of article prerequisite to benefits of future legislation. Section - Authority of legislature restricted. Section - Banking laws to be general; specie basis; authority of banks to issue bills to circulate as money.
Section - Bills or notes issued as money redeemable in gold or silver; laws not to sanction suspension of specie payments. Section - Preference of certain creditors in case of insolvency of bank. Section - Termination of business. Section - Maximum rate of interest. Section - State and political subdivisions thereof not to be stockholders in banks or lend credit thereto. Section - Examination of banks by public officers; semiannual reports by banks.
Section - Applicability of article. Article XIV Education. Section Section - Duty of legislature to establish and maintain public school system; apportionment of public school fund; separate schools for white and colored children. Section - Principal from sale, etc. Section - Property donated or appropriated for educational purposes and estates of persons dying without will or heirs to be applied to maintenance of public schools. Section - Use of poll taxes for support of public schools.
Section - Certain income to be applied to support and maintenance of public schools; special annual tax for schools; maximum annual levy on taxable property; priority for payment of bonded indebtedness of state. Section - Percentage of school funds for teachers' salaries. Section - Supervision of public schools vested in superintendent of education. Section - School funds not to be used for support of sectarian or denominational schools. Section - Board of trustees of state university.
Section - Annual payment of interest on funds of University of Alabama; authority to abolish military system at university. Section - Board of trustees of Alabama Polytechnic Institute. Joseph F. Johnston In , Alabama's legislature approved a statewide referendum calling for a constitutional convention. Over the objections of reform-minded former governor Joseph F.
Johnston , on April 23 the referendum passed, with the aid of substantial electoral fraud in the Black Belt. The convention's delegates represented the state, its federal congressional districts, the state Senate , and counties.
Delegates, predominantly Democrats, included two governors, two former justices of the Alabama Supreme Court , and several U. Representatives, as well as mayors, judges, and lawyers who collectively did little to represent the interests of poor whites and African Americans. None of the delegates were African American. The convention assembled on May 21st and elected Anniston delegate John B.
Knox president on May 22nd. The convention would be in session until September 3rd, meeting for 82 days and breaking only on Sundays and for the July 4th holiday. In his opening speech, Knox declared to delegates that federally imposed Reconstruction had forced them into action. The convention had been called to disfranchise blacks without disfranchising any whites, which would be achieved by enshrining white supremacy legally in a constitution and eliminating the need for election fraud.
Knox further proposed that disfranchising blacks was legitimate if it was done on the basis of their "intellectual and moral condition," and not because of their race.
Article VIII of the new Constitution, containing Sections , defined suffrage and election requirements and included both permanent and temporary registration plans. In the permanent plan, applicants had to meet multiple requirements beyond the federal mandate that voters be male and 21 years old. The most onerous provisions were enshrined in Section and included requirements for literacy tests the ability to read and write an article of the U.
Constitution and employment for at least one year and installed stringent property qualifications. In addition, Section disqualified individuals convicted of a variety of minor crimes, such as vagrancy, as well as those alleged to have moral failings or mental deficiencies.
William Calvin Oates The requirements in Section were difficult for most African Americans and poor white men to meet, but delegates provided three exceptions for the latter group within the temporary registration plan of Section For one year only, from to , any adult male who proved that he understood the U.
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