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Justice or fairness?
The Anniston Star Editorial Board
April 29, 2010
When it comes to Alabama’s 1901 Constitution, it has long been known — even acknowledged by those involved — that its ratification was shrouded in fraud.
Most historians agree that in Alabama’s Black Belt, votes were cast in favor of the Constitution even though the voters never appeared at the polls. Additionally, the votes of those who did appear were either not counted or were counted for ratification when, in fact, they were cast against it.
That’s why nine African-American residents in Alabama brought suit recently to have the ratification of the 1901 Constitution set aside because of voter fraud.
The suit’s basic premise is that fraud ensured that 12 predominantly black Alabama counties would cast votes for the Constitution, even though the document was detrimental to the rights of African-Americans in the state.
Alas, the state Supreme Court refused to hear the case and threw it out last week. The court would not even consider it.
The suit’s goal, of course, was to force a reluctant state Legislature and the special interests that the Constitution empowers to write a new constitution, which Alabama badly needs. Efforts to replace the Constitution through a convention or by a section-by-section legislative rewrite have been blocked by those who want to maintain the status quo.
So the people who suffered the most under the Constitution went to court to have the vote that made this heinous document Alabama’s fundamental law declared invalid. If that occurred, then a new election could be called and another vote — a legitimate vote on ratification — could be held.
Despite overwhelming historical evidence that backed the plaintiffs’ claims, the court told plaintiffs — and, by extension, all Alabamians who have been hurt by this Constitution — that they lack legal standing in court.
The court reasoned that none of the plaintiffs or other Alabamians who have suffered as a result of that fraud were alive in 1901. Thus, the fraudulent vote didn’t affect them.
The law is supposed to resolve issues justly and fairly. But in this case, the law resolved an issue expediently.
Justice and fairness lost.