Mock Constitution
Draft/Comments Phase
(What is this?)
Index
Preamble
Article I: Declaration of Rights
Article II: Distribution of
Powers of Government
Article III: Legislative Branch
Article IV: Representation
Article V: Executive Branch
Article VI: Judicial Branch
Article VII: Suffrage and Elections
Article VIII: Taxation and
Debt Limitation
Article IX: Local Government
Article X: Education
Article XI: Public Officers
Article XII: Impeachment
Article XIII: Amending the Constitution
Article XIV: Transition Schedule
Entire Draft
Section 1. Legislative, executive and judicial departments established.
The powers of the government of the State of Alabama shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
Section 2. Separation of powers.
In the government of this state, except in the instances in this Constitution hereinafter expressly directed or permitted, each of the three departments shall exercise only the powers confided to it to the end it may be “a government of laws and not of individuals.”
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I am just wondering why there are quotations around the words a government of laws and not of individuals.
Executive branch should include:
Theres shall be three transportation districts in Alabama, a North District, CentrAL District, and Southern District.
District Commisioners shall be elected by the voters within each district.
Tax revenues designated for state and federal high- way maintenance should be equally divided between each district and under the exclusive control of the commissioners in each district.
The comissioners shall jointly develop a plan to create four lane corridor highways using the exist-ing highways, such as U.S.45, 43, 84, 82,etc. This shall be done on a pay-as-you-go basis with a percent-age of existing revenues being used for that pur- pose.The legislature and the govenor may have input, but the final decision shall be made by the district commissioners.
ARTICLE II: DISTRIBUTION OF POWERS OF GOVERNMENT
This Article is not appropriate: it is unnecessary. Either the construction of independence is provided in the State constitution or it is not secured by State constitution. The key to independence among and between the branches of government is the “Right to Speak without the fear of Censure” by the democratic parts. The State constitution either provides a man with scruple to hold the Constitution constant, or republican security is lost to democracy and its excesses: the passions, fears, and prejudices of the day.
A certain Professor Alexander Fraser Tytler, nearly two centuries ago, had this to say about Democracy:
” A Democracy cannot exist as a permanent form of Government. It can only exist until the voters (parties) discover they can vote themselves largess out of public treasury. From that moment on the majority always votes for the candidate promising the most benefits from the public treasury with the result that Democracy always collapses over a loose fiscal policy, always to be followed by a Dictatorship.”
“It is not to be denied that the portraits they have sketched of republican government were too just copies of the originals from which they were taken. If it had been found impracticable to have devised models of a more perfect structure, the enlightened friends to liberty would have been obliged to abandon the cause of that species of government as indefensible. The science of politics, however, like most other sciences, has received great improvement. The efficacy of various principles is now well understood, which were either not known at all, or imperfectly known to the ancients.” – Hamilton
Republican Form and the Separation of Powers
“The regular distribution of power into distinct departments;
the introduction of legislative balances and checks;
the institution of courts composed of judges holding their offices during good behavior; the representation of the people in the legislature by deputies of their own election:
these are wholly new discoveries, or have made their principal progress towards perfection in modern times. They are means, and powerful means, by which the excellences of republican government may be retained and its imperfections lessened or avoided.” Federalist 9
When Alabamans realize and accept that “the independent jurist” is the key to securing their liberty from the excessive preference orientation of democracy that keeps the door to the State Treasury open to a few, then Alabamans can begin to resolve the issue of a modern laissez-faire commercial philanthropic republic where each man is free, so long as he does not harm his neighbors, to seek his sustenance where and how he pleases.
Proper construction of the three branches is what is required: the Executive, the Legislative, and the Judicial. The Judicial is the last hope to hold constant the Constitution as well as a State constitution.
If the Judiciary fails, what follows is called Anarchy. It is called exercising the Second Amendment of The Constitution.
A State constitution is spelled with a little “c”. End the capitalization of the State constitution. That will keep the focus on which one is the “Supreme Law of the Land”; which one takes president.
The Constitution has some simple phrases like “shall not make law”. When a State legislature passes a law where by Constitution the People in Conventions agreed not to make law, the independent jurist has taken an oath to nullify as Law what the legislators took an oath not to make Law.
Article. VI.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
ARTICLE II: DISTRIBUTION OF POWERS OF GOVERNMENT
“It is not to be denied that the portraits they have sketched of republican government were too just copies of the originals from which they were taken. If it had been found impracticable to have devised models of a more perfect structure, the enlightened friends to liberty would have been obliged to abandon the cause of that species of government as indefensible. The science of politics, however, like most other sciences, has received great improvement. The efficacy of various principles is now well understood, which were either not known at all, or imperfectly known to the ancients.” – Hamilton
Republican Form and the Separation of Powers
“The regular distribution of power into distinct departments;
the introduction of legislative balances and checks;
the institution of courts composed of judges holding their offices during good behavior; the representation of the people in the legislature by deputies of their own election:
these are wholly new discoveries, or have made their principal progress towards perfection in modern times. They are means, and powerful means, by which the excellences of republican government may be retained and its imperfections lessened or avoided.” Federalist 9
When Alabamans realize and accept that “the independent jurist” is the key to securing their liberty from the excessive preference orientation of democracy that keeps the door to the State Treasury open to a few, then Alabamans can begin to resolve the issue of a modern laissez-faire commercial philanthropic republic where each man is free, so long as he does not harm his neighbors, to seek his sustenance where and how he pleases.
Proper construction of the three branches is what is required: the Executive, the Legislative, and the Judicial. The Judicial is the last hope to hold constant the Constitution as well as a State constitution.
If the Judiciary fails, what follows is called Anarchy. It is called exercising the Second Amendment of The Constitution.
A State constitution is spelled with a little “c”. End the capitalization of the State constitution. That will keep the focus on which one is the “Supreme Law of the Land”; which one takes president.
The Constitution has some simple phrases like “shall not make law”. When a State legislature passes a law where by Constitution the People in Conventions agreed not to make law, the independent jurist has taken an oath to nullify as Law what the legislators took an oath not to make Law.
Article. VI.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
CONSTRUCTION
The essence of constitutional draught is to provide a structure of checks and balances that among other things allow the three Branches a certain amount of Independence from the democratic and transient passions, fears, and prejudices of culture and time.
Do we want to retain the same representative democracy that frustrates most Alabamans?
A certain Professor Alexander Fraser Tytler, nearly two centuries ago, had this to say about Democracy:
” A Democracy cannot exist as a permanent form of Government. It can only exist until the voters (parties) discover they can vote themselves largess out of public treasury. From that moment on the majority always votes for the candidate promising the most benefits from the public treasury with the result that Democracy always collapses over a loose fiscal policy, always to be followed by a Dictatorship.”
OR
Do we want to set our sights for a laissez-faire commercial philanthropic republic and understand it as defined by the Law of Natural Liberty?
“All systems either of preference or of restraint, therefore, being thus completely taken away, the obvious and simple system of natural liberty establishes itself of its own accord. Every man, as long as he does not violate “ the laws of justice”, is left perfectly free to pursue his own interest his own way, and to bring both his industry and capital into competition with those of any other man, or order of men.”2
If we really want a laissez-faire free market system from which any man can raise himself based only upon individual industry and frugality, then we must include construction that empowers each Branch and each Representative with the power to speak without the fear of censure when defending the People by defending the form we have written into constitution.
The constitutional document becomes the Sovereign People and by its grammar represents the best interest of all, decided by all, and readily amendable by all.
Defending the constitution as it is written is to evoke the line from Rubyard Kipling’s poem on virtue, “IF”.
“IF”
“If you can keep your head when all about you
Are losing theirs, …”
Construction of the Right to defend the constitution, to defend the will of the people is the objective of the draught. Within the construction, the three branches can execute the will of the People as bounded by the Peoples restraints and constraints for scruple.
Why not simply state that the government will be comprised of three branches [not departments): legislative, executive, and judicial, with each having its own areas of responsibility and authority as described in the constitution?
TO: Bill Weaver:
Governance is providing “the Right to Speak without the fear of Censure”. Without the fear of nullity on the machinations of an unscrupulous representative serving his sycophant campaign contributor only, there is no need for hesitation from the sycophant before investing his capital.
Independence must be more than a statement. It must be the result of independent checks and balances from separate sources power that support the constitution first, this is known as the “Rule of Law”, or the provision for justice, in opposition to the letter of the Law that will support the legislative machination that preferences a single sycophant only.
American Constitutionalism provides each the Right, based on only the intellectual capital with which he was born, a commitment from the sovereign People of an infrastructure without preference to existing Capitals that includes the Education of the young, to pursue his dreams and to accumulate his own independent capital based only on his individual merit and frugality.
However, the current draft does not establish for Alabama the hopes for all men of American Constitutionalism. It preferences existing capitals and preserves rather than promotes. Therefore, our successes are few.
“All systems either of preference or of restraint, therefore, being thus completely taken away, the obvious and simple system of natural liberty establishes itself of its own accord. Every man, as long as he does not violate “ the laws of justice”, is left perfectly free to pursue his own interest his own way, and to bring both his industry and capital into competition with those of any other man, or order of men.”
The executive and his consuls and administrators should be independent of the Legislative arm. Key departments that execute legislative mandates must be direct appointments by the Governor: their tenures being therefore limited by the executive.
The provisions of “advise and consent” make the men appointed independent from the legislative arm, but their character and competence must be acceptable to that Branch. This is just one example of executive structure in construction of a check and balance.
The independent jurist provides a check on the other two Branches with regard to staying within the boundaries of Natural Liberty as prescribed by the People in ratifying conventions of the counties. Three quarters of the People must agree to issues of Natural Liberty. That requires a lot of tyrants before a change to American Constitutionalism.
Article I
All legislative Powers herein granted shall be vested in a Legislature of the State of Alabama, which shall consist of a Senate and House of Representatives
Article II
The executive Power shall be vested in a Governor of the State of Alabama
Article III
The judicial Power of the State of Alabama shall be vested in one supreme Court, and in such inferior Courts as the State Legislature may from time to time ordain and establish
Constructed properly, this form will provide “a government established on Justice, the Rule of Law”, NOT “a government of laws and not of individuals.”
American Constitutionalism is to establish justice and the Rule of Law. It is essential to Laissez-faire capitalism; the free market capitalism we market but do not practice. Preference through democracy is what we practice.
Lobbyist machinated “Law” we have. I thought we are looking for something where birth is more than the end, something more “liberal”.
Preamble
We the People of the State of Alabama accepting our Duties of the Sovereign over our neighbors and fellow citizens under Oath to The Constitution of the United State of America, in order to form a more perfect union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this constitution for the State of Alabama.
Article I
The Legislative Branch
Section 1: All legislative Powers herein granted shall be vested in a Legislature of the State of Alabama, which shall consist of a Senate and House of Representatives.
Section 2: The House of Representatives shall be composed of Members chosen every second Year by the People of the several State subdivisions
No Person shall be a Representative who shall not have attained to the Age of thirty Years, and been three Years a Citizen of the State of Alabama, and who shall not, when elected, be an Inhabitant of that State subdivision in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the several State subdivisions according to their respective Numbers, which shall be determined by adding the whole Number of free Persons.
There shall be one Representative for every forty thousand, until the number shall amount to one hundred and five, after which the proportion shall be so regulated by the Legislature, that there shall be no more than one Representative per the number equal to the population of Alabama as presented by Census to the Congress divided by one hundred and five.
When vacancies happen in the Representation from a State subdivision, the legislative authority of the State subdivision may empower the Executive Authority of the subdivision thereof to issue Writs of Election and to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.
No person shall be elected a representative more than three times without a break of four years.
Section 3: The Senate of the State of Alabama shall be composed of two Senators from each of no more than seven State Senatorial subdivisions, elected by the people thereof, for six years; and each Senator shall have one vote.
No Person shall be a Senator who shall not have attained to the Age of thirty-five Years, and been five Years a Citizen of the State of Alabama, and who shall not, when elected, be an Inhabitant of that State subdivision in which he shall be chosen.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year.
When vacancies happen in the Senate from a State subdivision, the legislative authority of the State subdivision may empower the Executive Authority of the subdivision thereof to issue Writs of Election and to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
The Lieutenant Governor shall be President of the Senate, but shall have no Vote, unless they shall be equally divided.
The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Lieutenant Governor, or when he shall exercise the Office of Governor of the State of Alabama.
No person shall be elected a Senator more than twice without a break of six years.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the Governor of the State of Alabama is tried the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the State of Alabama: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law
Section 4: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be consistent with choosing representatives to Congress.
Subdivisions for the election of Representatives to the Legislature will first, be based upon the allocation of population into squares equal to the census presented to Congress divided by one hundred and five. There shall be no more than one representative per district; second, the district lines will over lay to the nearest geographical features to the lines of each square. The lines are to be reassessed after each census presented to Congress.
Subdivisions for the election of Senators to the Legislature will be by the allocation of the one hundred and five representative subdivisions into seven equally weighted squares, as best possible allocated, following each census presented to Congress. The district lines will then over lay to the nearest geographical features to the lines of each square
The State Legislature shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of the Legislature shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section. 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the State of Alabama.
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same, but not immune from Censure by their respective House for abuse of privilege; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No law, varying the compensation for the services of the Senators and Representatives, during the Time for which he was elected, be appointed to any civil Office under the Authority of the State of Alabama or any subdivision within the State of Alabama, which shall have been created, or the Emoluments whereof shall have been increased shall take effect, until an election of Representatives shall have intervened; and no Person holding any Office under the State of Alabama, shall be a Member of either House during his Continuance in Office.
Section 7: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the Governor of the State of Alabama; If he approve he shall sign it, but if not he shall return it, with his Objections or Vetoes to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it.
If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases, the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively.
If any Bill shall not be returned by the Governor within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Legislature by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the Governor of the State of Alabama; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be re-passed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8: The Legislature shall have Power To lay and collect Taxes; to pay the Debts and to provide for the common Defense and general Welfare of the State of Alabama; but all shall be uniform throughout the State.
To borrow Money on the credit of the State of Alabama;
To regulate Commerce with foreign Nations, other States and among the several Counties,
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the State of Alabama;
To provide for the Punishment of counterfeiting the Securities of the State of Alabama;
To establish post Roads;
To constitute Tribunals inferior to the State supreme Court;
To define and punish Piracies and Felonies committed on the highways and waterways of the State;
To provide for calling forth the Militia to execute the Laws of the State of Alabama, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia; and the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress of the United States of America;
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this constitution in the Government of the State of Alabama, or in any Department or Officer thereof.
Section 9: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
The right of citizens of the State of Alabama to vote shall not be denied or abridged by the State or any of its subdivisions on account of race, color, sex, or previous condition of servitude, or denied or abridged by reason of failure to pay any poll tax or other tax
The State Legislature shall make no law abridging the privileges or immunities of citizens of the United States; nor shall any State subdivision deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the most recent Census presented to the Congress.
No Preference shall be given by any Regulation of Commerce to one person or group of persons over those of another person or group of persons.
No Money shall be drawn from the State Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title containing immunity from the Law shall be granted by the State of Alabama: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Legislature and Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
The State Legislature shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State of Alabama. The Legislature of the State of Alabama shall not make or enforce any law which shall abridge the privileges or immunities of citizens of the United States or the State of Alabama; nor shall the Legislature of the State of Alabama make law depriving any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
In Suits at common law, where the value in controversy shall exceed twenty-five hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, nor delegated to the Legislature of the State of Alabama by this Constitution of the State of Alabama, nor prohibited by it to the subdivisions of the State of Alabama, are reserved to the people of Alabama.
Section 10: No subdivisions within the State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility or Title of Immunity.
No subdivisions within the State shall, without the Consent of the state Legislature lay any taxes, and all such Laws shall be subject to the Revision and Control of the State Legislature.
Article. II.
The Executive Branch
Section. 1. The executive Power shall be vested in a Governor of the State of Alabama. He shall hold his Office during the Term of four Years, and, together with the Lieutenant Governor, chosen for the same Term, be elected, by a majority vote of the people of Alabama in a general election coordinated with the National elections.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of Governor; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been Ten Years a Resident within the State of Alabama.
In Case of the Removal of the Governor from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office the Lieutenant Governor shall become Governor.
Whenever the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor Acting Governor.
Whenever the Lieutenant Governor and a majority of either the principal officers of the executive departments or of such other body as the Legislature may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall immediately assume the powers and duties of the office as Acting Governor.
Thereafter, when the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Lieutenant Governor and a majority of either the principal officers of the executive department or of such other body as Legislature may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon the Legislature shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Legislature, within twenty-one days after receipt of the latter written declaration, or, if the Legislature is not in session, within twenty-one days after the Legislature is required to assemble, determines by two-thirds vote of both Houses that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as Acting Governor; otherwise, the Governor shall resume the powers and duties of his office.
Whenever there is a vacancy in the office of the Lieutenant Governor, the Governor shall nominate a Lieutenant Governor who shall take office upon confirmation by a majority vote of both Houses of Legislature
The Governor shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the State of Alabama or any of its subdivisions.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: — “I do solemnly swear (or affirm) that I will faithfully execute the Office of Governor of the State of Alabama, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States and the Constitution of the State of Alabama.” The words “So help me God” remain optional and may be freely added by the Governor.
No person shall be elected to the office of the Governor more than twice, and no person who has held the office of Governor, or acted as Governor, for more than two years of a term to which some other person was elected Governor shall be elected to the office of the Governor more than once. But this Article shall not apply to any person holding the office of Governor when this Article was proposed, and shall not prevent any person who may be holding the office of Governor, or acting as Governor, during the term within which this Article becomes operative from holding the office of Governor or acting as Governor during the remainder of such term.
Section. 2. The Governor shall be Commander in Chief of the State Militia until called into the actual Service of the United States.
He shall have Power, by and with the Advice and Consent of the Senate to nominate, and shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the State of Alabama, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Legislature may by Law vest the Appointment of such inferior Officers, as they think proper, in the Governor alone, in the Courts of Law, or in the Heads of Departments.
The Governor shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions that shall expire at the End of their next Session.
Section. 3. He shall from time to time give to the Legislature Information of the State of the State, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the State of Alabama..
Section. 4. The Governor, Lieutenant Governor and all civil Officers of the State of Alabama, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes against the State or against the United States..
Article. III.
Judicial Branch
Section. 1. The judicial Power of the State of Alabama shall be vested in one supreme Court, and in such inferior Courts as the State Legislature may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under The Constitution of the United States of America, the Laws of the United States, and Treaties made, or which shall be made, under their Authority, and to the Laws of the State of Alabama; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State— between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State subdivision shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the State Legislature shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State subdivision where the said Crimes shall have been committed; but when not committed within any State subdivision, the Trial shall be at such Place or Places as the Legislature may by Law have directed.
Section. 3. Treason against the State of Alabama shall consist only in levying War against the State, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Legislature shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article. IV.
(Submitted as a Revision)
Section. 1. Full Faith and Credit shall be given to the public Acts, Records, and judicial Proceedings of every other State.
Section. 2. The Citizens shall be entitled to all Privileges and Immunities of Citizens of every other State. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Section. 3. New Counties may be admitted by the Legislature into this State; but no new County shall be formed or erected within the Jurisdiction of any other County; nor any County be formed by the Junction of two or more Counties, or Parts of Counties, without the Consent of the governing of the Counties concerned as well as of the Legislature.
The Legislature shall have Power to dispose of and make all needful Rules and Regulations respecting the State of Alabama; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State, or of any particular subdivision of the State.
Section. 4. The State of Alabama shall guarantee to every subdivision of the State a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the governing body of the subdivision, or of the executive of the subdivision (when the governing body cannot be convened), against domestic Violence.
Article V
Amendment
The Legislature, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this State constitution, or, on the Application of two thirds of the counties, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this State constitution, when ratified by the Conventions in three fourths the counties, as the one or the other Mode of Ratification may be proposed by the legislature.
Article. VI
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid.
The Constitution of the United States of America, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in the State of Alabama shall be bound thereby, any Thing in The Constitution of the United State of America or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives of the State Legislature, and all executive and judicial Officers of the State of Alabama, shall be bound by Oath or Affirmation, to support The Constitution of the United States of America, and The Constitution of the State of Alabama being not Contrary: but no religious Test shall ever be required as a Qualification to any Office or public Trust under the State of Alabama.
Article. VII
Upon ratification of a new constitution of the State of Alabama by three fourths of the Conventions held by the People with delegates chosen by the People of and in each of the Counties as called for by the Legislature, the Legislature will convert the old constitution into legislative Acts of 2010: The Legislative Act of 2010, The Executive Act of 2010, The Judicial Act of 2010, an Omnibus Act of 2010, and any other deemed necessary for the transition from the 1901 Constitution by the due process of The Constitution of the State of Alabama dated Month Day, 2010.
Followup TO: Bill Weaver
Impeachment and Separation of Powers
Impeachment is a trial. Impeachment is an essential check and balance between the Branches. It is a means of removing the Executive for Treason, Bribery, or High Crimes against the Nation or against a State, of removing a Jurist for Perfidy against the Constitution, or any other representative for any of the same. The House as the sole Power of Impeachment may try its own, or anyone else. The House can use this power with fidelity or as self-interest only sycophants.
In the separation of powers it must be limited to the highest order of Case against the Constitution to protect the Executive and the Jurist from useless harassment by the Legislative Branch else those Branches will not be able to function without Saints. The term miscellaneous was not seen at the Convention of 1787 as it is used in Law today, particularly in Cases against the Chief Executive.
The Constitution on Impeachment and Independence between Branches:
“Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.”
“The House of Representatives shall… have the sole Power of Impeachment”
“The Senate shall have the sole Power to try all Impeachments.”
“When sitting for that Purpose, they shall be on Oath or Affirmation.”
“When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”
“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law”
“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”
“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury”
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The above is what the Constitution contains on Impeachment.
This is how I read it.
The People by their votes are the first or last to ring the bell of Impeachment.
The House may by their own process expel a member by their own means, but they could also go the whole nine yards and let the Senate hold the trial.
The Senate has its own rules, and may expel a member, but the House could impeach a Senator if the Senate fails to make them Happy! This is a check on balance of the House over the six-year terms of a Senator.
Executive impeachment is specific.
In most cases, once the pudding hits the fan, a resignation follows. House and Senate rules can handle their own issues, unless an Impeachment is warranted for a fair and full disclosure of whatever machinations have taken place.
I do not trust lawyers or their opinions, they take whatever side they are paid to take with no scruple influencing their facts: often the truth is overlooked. That is how they are trained. Whatever scruple they may have been birthed with is left at the University of Alabama Law School.
The word “may” allows some flexibility for scruple or not by both houses. The voters will impeach a house member within two years if they are not Happy with his behavior.
The Constitution provides the House with the power to Impeach longer terms of representation or which the voters are not able because of appointment if the cause warrants the action. The House becomes the Check and Balance of the People for Senators and others.
The one word needing more background information is “miscellaneous”. Morris said we would never stoop that low: Madison was not convinced: the word remained: and we know the rest of the story.
Pinckney in Aug 1787 at the Federal Convention in Philadelphia defined miscellaneous as “Treason or High Crimes against a State”. Impeachment of the Executive over small issues, like embarrassment, would destroy Executive independence from the Congress making his Constitutional commitment to the People elusive at best from the constant array of Impeachments the House could inflict on the Executive: just like we have with the Governor of the State and his independence from the powers behind legislative branch. Or lack thereof. He does what he is told; therefore the Legislature leaves him alone.
The constraint on cases against the Executive by the House must protect the Executive from the basic nature of the House Members: vindictive, ambitious and greedy.
The discussions on how to protect Executive independence as a separation of power is covered extensively in the Federalist Papers.
Colluded by the passions of democracy relegates Alabama to the Imperialistic System of the past where preference is retained by a few.
The bunch that is referred to as the “Montgomery $@#@*#$’s”.
Constraining one branch from dominating the government is a function of Constitution.
Installing a transient best legislation is NOT the function of a Constitution.
It is time to have faith that the Constitution of the United States is our best interest and finish installing it for Alabama.
It is Laissez-faire the Law of Natural Liberty. It is NOT Imperialistic or Socialistic. It only requires that one NOT harm his neighbors as he earns his subsistence.
Admittedly, that is harder than it sounds.