Among its many faults, the 1901
Alabama Constitution reeks of a 19th century mindset. It is based
on the 1875 state constitution, and many parts of it were designed
to bar blacks and poor whites from the voting booth.
Gov. Emmett O'Neal noticed its preoccupation with black
suffrage as early as 1914, saying “little consideration was given
to reform.” He said the state was operating then with a constitution
“framed to meet conditions that can never exist again.”
Federal law and court rulings in the last century have
superseded several sections of the constitution. While “miscegenation
laws” remain a part of the constitution for now, the laws have
not been enforced for decades.
But more significantly for 21st century Alabamians are
the limitations the constitution places on local governments. Allowing
local governments to rule themselves is called “home rule,”
and many people view it as a risky proposition.
They may vote for the county commissioners, but they
don’t want the commissioners to be able to create new taxes.
Many commissioners and commission candidates do not want that kind
of home rule either - probably because they do not want to take direct
blame for an unpopular action like taxation.
But setting taxation aside, home rule is the only reasonable
way to deal with local issues like polling hours, repealing bounties
on trapped beavers, setting local court costs and other purely local
matters that now must be addressed by state lawmakers, and in some
cases voters in the form of constitutional amendments.
Many of our 661 amendments nullify some sections of the
constitution. Some amendments amended previous amendments.
It takes a legal scholar as well as a scorecard to keep
up with which parts of the 1901 document remain valid.
Most of the arguments for rewriting the constitution
are almost as old as the constitution itself. O’Neal called for
constitutional reform in 1914. Gov. James E. Folsom (1947-1951, 1955-1959)
tried a number of times to get the Legislature to call for a constitutional
convention. He was unsuccessful. In 1969, Gov. Albert Brewer initiated
legislation establishing a constitutional commission, but no rewrite
ever came about.
More than a quarter-century after that commission issued
its report, there is serious discussion of rewriting the constitution
again. Citizens for Constitutional Reform and other organizations
are ready to support and try to spur efforts.
Two bills calling for a rewrite died in the Legislature
this year. Sen. Roger Bedford submitted a draft 2000 Alabama Constitution
to the Legislature in May. Whether Bedford's is the framework we need
for state government remains to be seen.
Whether the constitution should be rewritten in a convention,
or revised piecemeal, one section or article at a time, are unanswered
questions as well.
Bedford says the draft is designed to provide a readable
constitution that maintains the workable provisions of the 1901 constitution
and removes the inefficient and outdated provisions that “inhibit
good government.”
These should be the goals of whatever method is used
to revise the constitution.
Next: Constitution: Alabama's
Solution
Reprinted with Permission from The Gadsden Times.
