Alabama Constitution
Encyclopedia
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 2011, comes from its 827 amendments
. About 70 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:
into a State), 1861 (Secession), 1865 (Reconstruction), 1868 (Redemption), 1875, and the current 1901 constitution. http://www.legislature.state.al.us/misc/history/constitutions/constitutions.html
. 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.
of power in the state government, leaving very little authority to local units. Counties cannot even legislate on local issues, requiring the state legislature, and ipso facto uninvolved parts of the state, to pass 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. Besides prohibiting local governments from passing any ordinance
s on tax issues, this necessitates its amendment over minor taxation issues. 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. http://www.al.com/opinion/mobileregister/index.ssf?/base/opinion/1166782672192950.xml&coll=3
The Legislature has also been forced to amend amendments that often concerned similarly trivial matters (See other sections for more examples):
The paper has also been falsely amended at least once (Amendment 587). This may be the reason why it has no Amendment 621, skipping from 620 to 622. There is also a strange additional amendment, Amendment 26A. The reason for this unusual nomenclature is unknown.
by amendments to the federal constitution or United States Supreme Court decisions.
The President of the Constitutional Convention
stated in his inaugural address that their intention was "within the limits imposed by the Federal Constitution, to establish white supremacy
in this State." (Day 2 of 54) Section 181 required the use of literacy test
s 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 requires the payment of 1.50 USD poll tax
(Worth approximately 37.74 USD by CPI
).
Originally it outlawed interracial marriage
(Section 102), but this provision was rendered inoperative by Loving v. Virginia
. It was finally removed in 2000 by Amendment 667. The constitution still requires racially segregated
education in the state (Section 256). 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. A proposal to strike the segregation requirement was defeated narrowly in 2004 (MSNBC). 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 disenfranchized 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).
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:
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 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.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
. It was adopted in 1901 and is the sixth constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
that the state has had.
At 340,136 words, the document is 12 times longer than the average state constitution
State constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
, 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
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, 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 2011, comes from its 827 amendments
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
. About 70 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
Greene County, Alabama
Greene County is the least populous county in the U.S. state of Alabama. Its name is in honor of Revolutionary War General Nathanael Greene of Rhode Island. As of 2010 the population was 9,045...
probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
). This gives Alabama a large number of constitutional officers.
The Preamble runs:
- We the people of the State of Alabama, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution.
History
Alabama has had 6 constitutions to date: 1819 (Converting Alabama TerritoryAlabama Territory
The Territory of Alabama was an organized incorporated territory of the United States that existed from August 15, 1817, until December 14, 1819, when it was admitted to the Union as the State of Alabama.-History:...
into a State), 1861 (Secession), 1865 (Reconstruction), 1868 (Redemption), 1875, and the current 1901 constitution. http://www.legislature.state.al.us/misc/history/constitutions/constitutions.html
General overview
The Alabama Constitution, in common with all State constitutions, defines the standard tripartite governmentSeparation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
. Executive power is vested in the Governor of Alabama, legislative power in the Alabama State Legislature (bicameral, composed of the Alabama House of Representatives
Alabama House of Representatives
The Alabama House of Representatives is the lower house of the Alabama Legislature, the state legislature of the U.S. state of Alabama. The House is composed of 105 members representing an equal amount of districts, with each constituency containing at least 42,380 citizens. There are no term...
and Alabama Senate
Alabama Senate
The Alabama State Senate is the upper house of the Alabama Legislature, the state legislature of the U.S. state of Alabama. The body is composed of 35 members representing an equal amount of districts across the state, with each district containing at least 127,140 citizens...
), 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 centralizationCentralization
Centralisation, or centralization , is the process by which the activities of an organisation, particularly those regarding planning and decision-making, become concentrated within a particular location and/or group....
of power in the state government, leaving very little authority to local units. Counties cannot even legislate on local issues, requiring the state legislature, and ipso facto uninvolved parts of the state, to pass 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. Besides prohibiting local governments from passing any ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
s on tax issues, this necessitates its amendment over minor taxation issues. 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. http://www.al.com/opinion/mobileregister/index.ssf?/base/opinion/1166782672192950.xml&coll=3
Size and local relevance
The document has been amended for diverse topics such as:- BingoBingo (US)Bingo is a game of chance played with randomly drawn numbers which players match against numbers that have been pre-printed on 5x5 matrices. The matrices may be printed on paper, card stock or electronically represented and are referred to as cards. Many versions conclude the game when the first...
(Amendments 386 and 387 in JeffersonJefferson County, AlabamaJefferson County is the most populous county in the U.S. state of Alabama, with its county seat being located in Birmingham.As of the 2010 U.S. Census, the population of Jefferson County was 658,466...
, further amended by Amendment 600 in Madison CountiesMadison County, AlabamaMadison County is a county of the U.S. state of Alabama, and is a major part of the Huntsville Metropolitan Area.It is also included in the merged Huntsville-Decatur Combined Statistical Area. The county is named in honor of James Madison, fourth President of the United States of America, and the...
, Amendment 413 in Montgomery CountyMontgomery County, AlabamaMontgomery County is a county in the U.S. state of Alabama. It is the most populous county in the Montgomery Metropolitan Statistical Area; its population in 2010 was 229,363 .- History :...
, Amendment 440 in Mobile CountyMobile County, AlabamaMobile County[p] is a county of the U.S. state of Alabama. Its name is in honor of a tribe of Indians, the Maubila tribe . As of 2011, its population was 415,704. Its county seat is Mobile, Alabama...
, Amendment 506 in Etowah CountyEtowah County, AlabamaEtowah County is a county of the U.S. state of Alabama. Its name is from the Cherokee language, which means "edible tree". It is the center of the Gadsden Metropolitan Area which includes Etowah and Cherokee Counties. As of 2010 the population was 104,430. Its county seat is Gadsden...
, Amendment 508 in Calhoun CountyCalhoun County, AlabamaCalhoun County is a county in the U.S. state of Alabama. Its name is in honor of John C. Calhoun, famous member of the United States Senate from South Carolina. As of 2010 the population was 118,572. It is included in the Anniston-Oxford Metropolitan Statistical Area...
, Amendment 699 in Morgan CountyMorgan County, AlabamaMorgan County is the most populous county in the Decatur Metropolitan Area, and the second most populous county in the Huntsville-Decatur Combined Statistical Area in the U.S. State of Alabama. It was created by the Alabama Territorial legislature on February 6, 1818 from land acquired from the...
, Amendment 612 in Russell CountyRussell County, AlabamaRussell County is a county of the U.S. state of Alabama. Its name is in honor of Colonel Gilbert C. Russell, who fought in the wars against the Creek Indians. As of 2010, the population was 52,947...
, Amendment 674 in Lowndes CountyLowndes County, AlabamaLowndes County is a county of the U.S. state of Alabama. It is named in honor of William Lowndes, a member of the United States Congress from South Carolina. As of the 2010 census, the population was 11,299...
, and Amendment 692 in Limestone CountyLimestone County, AlabamaLimestone County is a county of the U.S. state of Alabama, and is included in the Huntsville Metropolitan Area.It is also included in the merged Huntsville-Decatur Metro Area. Its name comes from Limestone Creek, a local stream. In 2000, the population was 65,676. As of 2010 the county's...
, all of which are almost or exactly the same) - MosquitoMosquitoMosquitoes are members of a family of nematocerid flies: the Culicidae . The word Mosquito is from the Spanish and Portuguese for little fly...
control taxes in Mobile CountyMobile County, AlabamaMobile County[p] is a county of the U.S. state of Alabama. Its name is in honor of a tribe of Indians, the Maubila tribe . As of 2011, its population was 415,704. Its county seat is Mobile, Alabama...
(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 weevilBoll weevilThe boll weevil is a beetle measuring an average length of six millimeters, which feeds on cotton buds and flowers. Thought to be native to Central America, it migrated into the United States from Mexico in the late 19th century and had infested all U.S. cotton-growing areas by the 1920s,...
taxes on cottonCottonCotton is a soft, fluffy staple fiber that grows in a boll, or protective capsule, around the seeds of cotton plants of the genus Gossypium. The fiber is almost pure cellulose. The botanical purpose of cotton fiber is to aid in seed dispersal....
growers (Amendment 449) - Promotion of catfishCatfishCatfishes are a diverse group of ray-finned fish. Named for their prominent barbels, which resemble a cat's whiskers, catfish range in size and behavior from the heaviest and longest, the Mekong giant catfish from Southeast Asia and the second longest, the wels catfish of Eurasia, to detritivores...
(Amendment 492), soybeanSoybeanThe soybean or soya bean is a species of legume native to East Asia, widely grown for its edible bean which has numerous uses...
s (Twice, Amendment 315 and Amendment 401), cattleCattleCattle are the most common type of large domesticated ungulates. They are a prominent modern member of the subfamily Bovinae, are the most widespread species of the genus Bos, and are most commonly classified collectively as Bos primigenius...
(Twice, Amendment 201 and Amendment 452), poultryPoultryPoultry are domesticated birds kept by humans for the purpose of producing eggs, meat, and/or feathers. These most typically are members of the superorder Galloanserae , especially the order Galliformes and the family Anatidae , commonly known as "waterfowl"...
(Twice, Amendment 214 and amended by Amendment 428), swine (Twice, Amendment 327 and Amendment 400), an omnibusOmnibus billAn omnibus bill is a proposed law that covers a number of diverse or unrelated topics. Omnibus is derived from Latin and means "for everything"...
amendment for peanutPeanutThe peanut, or groundnut , is a species in the legume or "bean" family , so it is not a nut. The peanut was probably first cultivated in the valleys of Peru. It is an annual herbaceous plant growing tall...
s, milkMilkMilk is a white liquid produced by the mammary glands of mammals. It is the primary source of nutrition for young mammals before they are able to digest other types of food. Early-lactation milk contains colostrum, which carries the mother's antibodies to the baby and can reduce the risk of many...
, and cottonCottonCotton is a soft, fluffy staple fiber that grows in a boll, or protective capsule, around the seeds of cotton plants of the genus Gossypium. The fiber is almost pure cellulose. The botanical purpose of cotton fiber is to aid in seed dispersal....
(Amendment 388), grainGRAINGRAIN is a small international non-profit organisation that works to support small farmers and social movements in their struggles for community-controlled and biodiversity-based food systems. Our support takes the form of independent research and analysis, networking at local, regional and...
(Amendment 453), sheep and goatGoatThe domestic goat is a subspecies of goat domesticated from the wild goat of southwest Asia and Eastern Europe. The goat is a member of the Bovidae family and is closely related to the sheep as both are in the goat-antelope subfamily Caprinae. There are over three hundred distinct breeds of...
s (Amendment 715), and shrimpShrimpShrimp are swimming, decapod crustaceans classified in the infraorder Caridea, found widely around the world in both fresh and salt water. Adult shrimp are filter feeding benthic animals living close to the bottom. They can live in schools and can swim rapidly backwards. Shrimp are an important...
and seafood generally (Amendment 766). - Dead farm animals (Amendment 482 in Limestone CountyLimestone County, AlabamaLimestone County is a county of the U.S. state of Alabama, and is included in the Huntsville Metropolitan Area.It is also included in the merged Huntsville-Decatur Metro Area. Its name comes from Limestone Creek, a local stream. In 2000, the population was 65,676. As of 2010 the county's...
by the County Commission) - ProstitutionProstitutionProstitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
(Amendment 688 in Jefferson CountyJefferson County, AlabamaJefferson County is the most populous county in the U.S. state of Alabama, with its county seat being located in Birmingham.As of the 2010 U.S. Census, the population of Jefferson County was 658,466...
). - Exhumation in Madison CountyMadison County, AlabamaMadison County is a county of the U.S. state of Alabama, and is a major part of the Huntsville Metropolitan Area.It is also included in the merged Huntsville-Decatur Combined Statistical Area. The county is named in honor of James Madison, fourth President of the United States of America, and the...
(Amendment 520 by the County Commission), see also the above entry for Dead farm animals in Limestone county - Forest fire tax levies in Marshall CountyMarshall County, AlabamaMarshall County is a county of the U.S. state of Alabama, and is included in the Huntsville-Decatur Combined Statistical Area. Its name is in honor of John Marshall, famous Chief Justice of the United States. As of 2010 the population was 93,019...
(Amendment 439) - NuisanceNuisanceNuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
(Amendment 497 in Jefferson CountyJefferson County, AlabamaJefferson County is the most populous county in the U.S. state of Alabama, with its county seat being located in Birmingham.As of the 2010 U.S. Census, the population of Jefferson County was 658,466...
)
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 CountyMobile County, AlabamaMobile County[p] is a county of the U.S. state of Alabama. Its name is in honor of a tribe of Indians, the Maubila tribe . As of 2011, its population was 415,704. Its county seat is Mobile, Alabama...
(Amendments 152 and 363 over Amendment 18) - Promotion of Madison CountyMadison County, AlabamaMadison County is a county of the U.S. state of Alabama, and is a major part of the Huntsville Metropolitan Area.It is also included in the merged Huntsville-Decatur Combined Statistical Area. The county is named in honor of James Madison, fourth President of the United States of America, and the...
and HuntsvilleHuntsville, AlabamaHuntsville is a city located primarily in Madison County in the central part of the far northern region of the U.S. state of Alabama. Huntsville is the county seat of Madison County. The city extends west into neighboring Limestone County. Huntsville's population was 180,105 as of the 2010 Census....
(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 centerCivic centerA civic center or civic centre is a prominent land area within a community that is constructed to be its focal point or center. It usually contains one or more dominant public buildings, which may also include a government building...
bonds (Amendment 280 over Amendment 238) - Fire protectionFirefighterFirefighters are rescuers extensively trained primarily to put out hazardous fires that threaten civilian populations and property, to rescue people from car incidents, collapsed and burning buildings and other such situations...
and waste collectionWaste collectionWaste collection is the component of waste management which results in the passage of a waste material from the source of production to either the point of treatment or final disposal...
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 JudiciaryJudiciaryThe judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
(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 departmentFire departmentA fire department or fire brigade is a public or private organization that provides fire protection for a certain jurisdiction, which typically is a municipality, county, or fire protection district...
districts in Etowah County (Amendment 445 over Amendment 432) - The Jackson CityJackson, AlabamaJackson is a city in Clarke County, Alabama, United States. The population was 5,228 at the 2010 census. It is one of three wet settlements in an otherwise-dry county.-Geography:Jackson is located at coordinates . According to the U.S...
Port AuthorityPort authorityIn Canada and the United States a port authority is a governmental or quasi-governmental public authority for a special-purpose district usually formed by a legislative body to operate ports and other transportation infrastructure.Port authorities are usually governed by boards or...
(Amendment 477 over Amendment 465) - Constitutional amendments that deal with one county (Amendment 555 over Amendment 425
- The Madison CountyMadison County, AlabamaMadison County is a county of the U.S. state of Alabama, and is a major part of the Huntsville Metropolitan Area.It is also included in the merged Huntsville-Decatur Combined Statistical Area. The county is named in honor of James Madison, fourth President of the United States of America, and the...
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 costsCourt costsCourt costs are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case...
for a new Russell County jail (Amendment 736 over 507) - Some reservoir Authority in Fayette County, AlabamaFayette County, AlabamaFayette County is a county of the U.S. state of Alabama. Its name is in honor of the Marquis de Lafayette , who aided General George Washington in the American Revolutionary War. As of 2010 the population was 17,241...
(751 over Amendment 538) - Even more fire protection taxes, now in Pickens CountyPickens County, AlabamaPickens County is a county of the U.S. state of Alabama. As of 2010, the population was 19,746. Its county seat is Carrollton, and it is a prohibition, or dry county.-History:...
(Amendment 765 over Amendment 649) - Section 97 prohibits deceased officials from receiving a salary.
The paper has also been falsely amended at least once (Amendment 587). This may be the reason why it has no Amendment 621, skipping from 620 to 622. There is also a strange additional amendment, Amendment 26A. The reason for this unusual nomenclature is unknown.
Discrimination
The document has been heavily criticized for discriminatory elements, many of which have been made mootMootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
by amendments to the federal constitution or United States Supreme Court decisions.
The President of the Constitutional Convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
stated in his inaugural address that their intention was "within the limits imposed by the Federal Constitution, to establish white supremacy
White supremacy
White supremacy is the belief, and promotion of the belief, that white people are superior to people of other racial backgrounds. The term is sometimes used specifically to describe a political ideology that advocates the social and political dominance by whites.White supremacy, as with racial...
in this State." (Day 2 of 54) Section 181 required the use of literacy test
Literacy test
A literacy test, in the context of United States political history, refers to the government practice of testing the literacy of potential citizens at the federal level, and potential voters at the state level. The federal government first employed literacy tests as part of the immigration process...
s to enroll voters, while Section 180 grandfathered in
Grandfather clause
Grandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption...
anyone who served in the military, or descended from them; these have since been outlawed by the Voting Rights Act
Voting Rights Act
The Voting Rights Act of 1965 is a landmark piece of national legislation in the United States that outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans in the U.S....
. Section 194 requires the payment of 1.50 USD poll tax
Poll tax
A poll tax is a tax of a portioned, fixed amount per individual in accordance with the census . When a corvée is commuted for cash payment, in effect it becomes a poll tax...
(Worth approximately 37.74 USD by CPI
Consumer price index
A consumer price index measures changes in the price level of consumer goods and services purchased by households. The CPI, in the United States is defined by the Bureau of Labor Statistics as "a measure of the average change over time in the prices paid by urban consumers for a market basket of...
).
Originally it outlawed interracial marriage
Interracial marriage
Interracial marriage occurs when two people of differing racial groups marry. This is a form of exogamy and can be seen in the broader context of miscegenation .-Legality of interracial marriage:In the Western world certain jurisdictions have had regulations...
(Section 102), but this provision was rendered inoperative by Loving v. Virginia
Loving v. Virginia
Loving v. Virginia, , was a landmark civil rights case in which the United States Supreme Court, in a unanimous decision, declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby overturning Pace v...
. It was finally removed in 2000 by Amendment 667. The constitution still requires racially segregated
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
education in the state (Section 256). 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. A proposal to strike the segregation requirement was defeated narrowly in 2004 (MSNBC). 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
Women's suffrage
Women's suffrage or woman suffrage is the right of women to vote and to run for office. The expression is also used for the economic and political reform movement aimed at extending these rights to women and without any restrictions or qualifications such as property ownership, payment of tax, or...
by confining voting rights to "male citizens," but this was rendered unenforceable by the 19th Amendment
Nineteenth Amendment to the United States Constitution
The Nineteenth Amendment to the United States Constitution prohibits any United States citizen to be denied the right to vote based on sex. It was ratified on August 18, 1920....
until Amendment 579 was substituted, which contained no reference to gender.
Section 182 disenfranchized all "idiots and insane persons" (New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
recently removed a similarly offensively worded phrase from its constitution
New Jersey State Constitution
The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions...
), men who interracially married and those convicted of "crime against nature" (homosexuality).
Outdated provisions
The constitution includes many provisions that are either wholly or partly archaicArchaism
In language, an archaism is the use of a form of speech or writing that is no longer current. This can either be done deliberately or as part of a specific jargon or formula...
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 that "The legislature shall pass such penal laws as it may deem expedient to suppress the evil practice of duelDuelA duel is an arranged engagement in combat between two individuals, with matched weapons in accordance with agreed-upon rules.Duels in this form were chiefly practised in Early Modern Europe, with precedents in the medieval code of chivalry, and continued into the modern period especially among...
ing" (this is not unique to the Alabama Constitution; other State constitutions have similar provisions). - Section 90 gives instructions on the proper method of annexingAnnexationAnnexation is the de jure incorporation of some territory into another geo-political entity . Usually, it is implied that the territory and population being annexed is the smaller, more peripheral, and weaker of the two merging entities, barring physical size...
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 democraticDemocracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
reform
Reform
Reform means to put or change into an improved form or condition; to amend or improve by change of color or removal of faults or abuses, beneficial change, more specifically, reversion to a pure original state, to repair, restore or to correct....
of the Alabama constitution. It is spearheaded by the non-profit organization
Non-profit organization
Nonprofit organization is neither a legal nor technical definition but generally refers to an organization that uses surplus revenues to achieve its goals, rather than distributing them as profit or dividends...
Alabama Citizens for Constitutional Reform (ACCR), which was formed out of a rally in Tuscaloosa
Tuscaloosa, Alabama
Tuscaloosa is a city in and the seat of Tuscaloosa County in west central Alabama . Located on the Black Warrior River, it is the fifth-largest city in Alabama, with a population of 90,468 in 2010...
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 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
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Bob Riley
Bob Riley
Bob Riley may refer to:* Bob Riley, 52nd Governor of Alabama* Bob C. Riley, acting Governor of Arkansas for 11 days in 1975* Bob Riley , sports car designer and founder of Riley Technologies...
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 IndiaConstitution of IndiaThe Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, the world's longest national constitution - The California ConstitutionCalifornia ConstitutionThe document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
, 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 ConstitutionTexas ConstitutionThe Constitution of the State of Texas is the document that describes the structure and function of the government of the U.S. State of Texas.Texas has had seven constitutions: the constitution of Coahuila y Tejas, the 1836 Constitution of the Republic of Texas, the state constitutions of 1845,...
, also known for its length and lack of flexibility