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 Power.
The legislative power of this state shall be vested in a legislature, which shall consist of a senate and a house of representatives.
Section 2. Election and Terms of Office of Senators and Representatives.
Senators shall be elected for a four-year term, and representatives shall be elected for a four-year term, on the Tuesday succeeding the first Monday in November. The legislature may change the time of holding elections. The terms of office of the senators and representatives shall commence on the day after their elections. At the first election of the legislators after the adoption of this constitution the odd numbered districts shall be elected for two year terms and thereafter for four year terms.
Section 3. Election to Fill Vacancy in Senate or House of Representatives.
Whenever a vacancy occurs in either house of the legislature the governor shall issue a writ of election to fill such vacancy for the remainder of the term. All expenses of the election shall be paid by the state. If a legally qualified candidate for election to the vacancy is unopposed when the late date for filing for place on the ballot has passed, the election shall not be held, and a certificate of election shall be issued in the manner provided by law.
Section 4. Qualifications of Senators and Representatives.
Senators shall be at least twenty-five years of age, and representatives twenty-one years of age at the time of their election. They shall have been citizens of this state and residents of their respective districts for one year next before their election. They shall reside in their respective districts during their terms of office.
Section 5. Appointment to Office of Profit.
No senator or representative shall, during the term for which he or she shall have been elected, be appointed to any office of profit under this state, which shall have been created or the emoluments of which shall have been increased by the legislature during such term. A cost of living adjustment of the salary attached to an office, permitted by the provisions of this constitution, shall not be considered an increase in the emoluments of such office.
Section 6. Organizational Session.
The legislature shall convene on the second Tuesday in January next succeeding their election and shall remain in session for not longer than ten consecutive days, unless a longer period is required for the determination of contested elections. No business shall be transacted at such session except the organization of the legislature, the election of officers, the appointment of committees, the introduction of bills, the ascertainment and declaration of the results of the election of state officers, the determination of contested elections for such offices, and the judging of election, returns, and qualifications of the members of the legislature.
Section 7. Election of Presiding Officers and Determination of Qualification of Members.
The senate, at the beginning of each organizational session, and at such other times as may be necessary, shall elect one of its members president pro tempore thereof, to preside over its deliberations in the absence of the lieutenant-governor; and the house of representatives, at the beginning of each organizational session, and at such other times as may be necessary, shall elect one of its members as speaker; and the president pro tempore of the senate and the speaker of the house of representatives shall hold their offices respectively until their successors are elected and qualified. Each house shall choose its own officers and shall be judge of election, returns, and qualifications of it members.
Section 8. Procedure for Election by Legislature.
In all elections by the legislature the members shall vote publicly, and the votes shall be entered on the journal.
Section 9. Time and Length of Legislative Sessions.
Regular sessions of the legislature shall be held annually and shall be limited to thirty legislative days within a period of one hundred and five calendar days. The legislature shall convene in regular sessions on the first Tuesday in February, unless the day of meeting is changed by law. Special sessions of the legislature convened in the manner provided by this Constitution shall be limited to twelve legislative days within a period of not more than thirty calendar days.
Section 10. Legislation in Special Session.
When the legislature shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the governor calling such session, except by a vote of two-thirds of each house.
Section 11. Compensation Commission for the Members of the Legislature.
(a) Members of the legislature shall receive an annual salary to be determined in accordance with the provisions of this section. No change in the compensation or expense allowance of members of the legislature shall be made except in accordance with the provisions of this section.
(b) A state compensation commission is hereby created which shall recommend the salary, expense allowance, and other compensation of the members of the legislature. The commission shall consist of five members. The governor, president pro tempore of the senate, speaker of the house, attorney general, and chief justice of the supreme court shall each appoint one member.
(c) The terms of the commissioners shall be five years. Of the initial appointees, the governor and attorney general shall each appoint one for two year; the president pro tempore of the senate and speaker of the house shall each appoint one for four years; and the chief justice shall appoint one for five years. No member of the commission shall hold any other public office.
(d) The members of the commission shall elect one of their number as chairman at their first meeting and every four years thereafter. Any vacancy on the commission shall be filled within fifteen days in the same manner in which such position was originally filled.
(e) The committee shall submit a report to the legislature on the first day of the regular session which convenes in the odd-numbered years preceding the quadrennial election of members of the house of representatives. The recommendations of the commission shall become law unless rejected or altered by act of the legislature within fifteen legislative days after submission.
(f) No change in salary, expense allowance or other compensation shall apply to any legislator during the term for which he or she was elected.
Section 12. Compensation of Officers and Employees.
The legislature shall prescribe by law the number, duties, and compensation of the officers and employees of each house, and no payment shall be made from the state treasury or be in any way authorized to any person except to an acting officer or employee elected or appointed in pursuance of law.
Section 13. Quorum and Adjustment.
A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as each house may provide. Neither house shall, without the consent of the other, adjourn for more than three days.
Section 14. Powers of Each House to Make Rules.
Each house shall have the power to determine the rules of its proceedings and to punish its members and other persons for contempt or disorderly behavior in its presence; to enforce obedience to its rules and processes; to protect its members against violence or offers of bribes or corrupt solicitation; and with the concurrences of two-thirds of the house, to expel a member, but not a second time for the same offense. A member expelled for corruption shall not thereafter be eligible for either house, and punishment for contempt or disorderly behavior shall not bar prosecution for the same offense. The legislature shall have all the powers necessary to a free state.
Section 15. Privileges of Members of Legislature.
Members of the legislature shall, in all cases except treason, felony, violation of their oath of office, or breach of peace be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house shall not be questioned in any other place.
Section 16. Form of Bills.
(a) Every bill, except general appropriation bills, general revenue bills, and bills adopting a code or revision of statutes, shall be confined to one subject and matter properly connected therewith, and the subject shall be briefly and clearly expressed in the title.
(b) No law shall be revived or amended by reference to its title only, but the act revived or the section amended shall be reenacted and published at length.
Section 17. Journal of Proceedings.
Each house shall keep a journal of its proceedings and cause the same to be published as soon as practicable. A record vote, with the yeas and nays entered on the journal, shall be taken on any question on the demand of one-tenth of the members present. Any member of either house shall have the right to protest against any act or resolution and have the reason for his or her protest entered on the journal.
Section 18. Enactment of Laws.
No law shall be enacted except by bill, and no bill shall become law unless, prior to its passage:
(a) It has been referred to a standing committee of each house, acted upon by such committee in session, and reported, which facts shall affirmatively appear upon the journal of each house. A majority of either house may discharge a committee from the consideration of a bill and consider the same as if reported.
(b) It has been read by its title on three different days in each house and on its final passage it has been read at length in each house; provided that either house may dispense with the reading at length by two-thirds vote of a quorum present, which fact shall be entered onto the journal.
(c) A vote has been taken on it in each house, the name of each member voting for and against recorded in the journal, and except as otherwise provided in this Constitution, a majority of each house be recorded as voting in its favor.
Section 19. Amendments and Conference Reports.
No bill shall be so altered or amended on its passage through either house as to change its original purpose. No amendment to a bill or report of a committee of conference, shall be adopted by either house, except in the manner required in subparagraph (c) of section 18.
Section 20. Duty to Deliver Bills.
When a bill has been passed by the house in which it originated, it shall be the duty of the secretary or clerk of that house to deliver such bill immediately, and in no case later than twenty-four hours, to the other house where it shall receive first reading not later than the next legislative day after delivery. When a bill has been passed by both houses, it shall be returned immediately by the secretary or the clerk of the originating house. The secretary or the clerk of the house in which the bill originated shall attest to its passage and forthwith, and in no case later than six days, deliver the bill to the governor and enter the fact upon the journal.
Section 21. Revenue Bills.
All bills for raising revenue shall originate in the house of representatives, but may be altered, amended, or rejected by the senate.
Section 22. Appropriation Bills.
(a) The general appropriation bills shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative, and judicial departments of the state, for the public debt, and for the public schools and educational institutions. The salary of no officer or employee shall be increased in any such bill, nor shall any appropriations be made therein for any officer or employee unless his or her employment and the amount of his or her salary have already been provided for by law. All other appropriations shall be made by separate bills, each embracing but one subject.
(b) If general appropriations bills for each of the expenses stated in paragraph (a) of this section have not been passed before the last five legislative days of a regular session, no other legislation shall be finally passed until such appropriation bills have been passed.
(c) If the legislature at any regular session fails to pass general appropriation bills as defined in paragraph (a), the appropriations for the next succeeding fiscal year for such expenses shall be the same as the appropriations, except capital outlay, one-time and conditional appropriations, in effect at the end of the legislative session, unless thereafter changed by act of the legislature.
Section 23. Payment of Appropriations.
No money shall be paid out of the treasury except upon appropriations made by law, and on warrant drawn by the proper officer in pursuance thereof, and a regular statement and account of receipts and expenditures of all public monies shall be published annually or more often as is practicable, in the manner provided by law.
Section 24. Appropriations to Charitable Institutions.
No appropriations shall be made to any charitable or educational institution not under the absolute control of the state, except by a vote of two-thirds of all members elected to each house.
Section 25. Private Pension Laws.
The legislature shall not enact any special or private law granting any pension.
Section 26. Releasing Obligation Owed to State, County or Municipality.
No obligation or liability of any person, association, or corporation held or owned by the state or by any county or other municipality thereof, shall ever be remitted, released, or postponed or in any remitted, released, or postponed or in any way diminished, by the legislature; nor shall such liability or obligation be extinguished except by payment thereof; nor shall such liability or obligation be exchanged o transferred except upon payment of its face value; provided that this section shall not prevent the legislature from providing by general law for the compromise of doubtful claims.
Section 27. Corporations.
Corporate charters shall be granted, amended, dissolved, or extended only pursuant to general laws, provided, however, that public corporations wholly owned and controlled by the state may be created and dissolved, or their charter amended, by special act.
Section 28. General Laws Defined.
A general law within the meaning of this constitution is a law which in its terms and effect applies either to the whole state, without excepting any county, political subdivision or geographical district, or to all such subdivisions of the state in a class. In the enactment of general laws, the legislature may classify geographical areas or districts involving two or more counties or municipalities on the basis of criteria reasonably related to the subject of the law. The legislature shall establish classes of counties and municipalities based on population, but not more than eight classes of each shall be in effect at any one time. No county or municipality shall be exempt from any general law applicable to counties or municipalities in its class.
Section 29. Limitation on Enactment of Local Laws.
No special, private, or local law shall be enacted concerning any matter when a general act deals with the same subject matter and is applicable, even though such special, private, or local law may differ from the applicable general law. No special, private or local law shall be enacted in any case when the relief sought can be given by any court of this state. The courts, and not the legislature, shall judge whether the matter of such law is dealt with by an applicable general act, or whether the relief sought can be given by any court. The legislature shall not indirectly enact any such special, private, or local law by the partial repeal of a general law.
Section 30. Procedure for Enacting Local Laws.
No special, private, or local law shall be enacted unless public publication of notice setting forth the intention to introduce it and the substance of the contemplated law shall have been published once a week for four weeks in the county or counties where the law is to be applicable in the manner provided by law prior to the introduction of the bill. Proof by affidavit of public notice with a copy of the text thereof shall be filed with the legislature upon the introduction of the bill and, after passage of the bill, set forth in the journal.
Section 31. Conflict of Interest.
A code of ethics, which shall include penalties for violation, prohibiting use of a public office for the advancement of the private interest of the office holder or of relatives of the office holder, within three degrees by blood or marriage according to civil law , shall be prescribed by law for all members of the legislature, state employees and non-judicial officers.
Section 32. Continuity of Government in Emergencies.
In order to insure continuity of state and local government operations in periods of emergency only, resulting from disasters occurring in this state, the legislature may provide by law for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and enact other laws necessary and proper for insuring the continuity of governmental operations. Notwithstanding the power conferred by this section, elections shall always be called as soon as possible to fill any vacancies in elective offices temporarily occupied under any legislation enacted pursuant to the provisions of this section.
Legislative Dispatch
Purple Dot Connection
2010 Big List
2010 Senate Elections
2010 House Elections
Press Releases
Section 18 needs to be amended so that bills that are introduced have a hard time line to move the next step. After introduction a bill has five days to received a second reading in the house of origin or it is immediately dead. If it makes that step it has five legislative days to receive a vote in the house of origin, or it is dead. You get the drift. Keep the clutter crap off the books that is not going to pass anyway
How are legislative districts to be determined and mapped out? This is a pretty important issue. I feel that the Senate should consist of one Senator for each county, and the House districts should be drawn out so as to evenly distribute the population in each district. By alloting one Senator to each county, you guarantee that they will be immune to the effects of gerrymandering.
Oops. Should have read the next article before commenting. Administrators: please feel free to delete my two comments on this article. I’m going to copy my previous comment into the “Representation” article.
Section 30: What government entities shall have the power to enact “local laws”?
I will oppose, campaign against, and vote against any Constitution that does not contain term limits.
Why have a bi-cameral legislature? In this state, we DO NOT need to replicate the federal legislature. There is NO REASONABLE EXPLANATION for having more than one house, except to placate the “good ole boys” and our shameful history.
Let’s save money (and time) and have a uni-cameral (one house) legislature resembling Nebraska.
Sec.2 seems to imply that House terms are staggered. This did not wok well in Auburn’s city government when it was tried briefly in the 1980s. Is it necessary or desirable here?
I have not yet read the “home rule” section, but wonder if all the detail on local legislation is necessary. One aim in writing a new constitution is to make it a general pattern for government, not a law code.
I agree that staggered terms are not a good idea for the legislature. The current system with all legislative elections and elections for major state offices occurring at the same time is preferable. Sections 11, 12 and 31 good positive steps forward.
What no term limits? Part of our problem is that the people in the Legislature have been there so long, they think that seat is their personal property, not ours whom they are supposed to represent.
In my opinion, the most compelling reason for a new constitution is term limits. Lack of term limits has become the foundation on which the power brokers have built the power and wealth to block ethics reform, transparancy in political contributions and other legislation that diminishes their power or prevents them from selling their influence.
Define these terms: salaries, expenses, allowances, compensation/s, cost of living increases by what we WANT them to mean versus how they are currently used in reference to the legislature.
Sect 22 – appropriations to public schools and wholly public colleges and universities.
Remove the reference to ‘conditional’ appropriations.
Beginning in 2014, the Clerk of the House shall be an at-will employee, ineligible for tenure.
Sec. 12. Remove reference to decision to be made by any ‘appointed’ person.
I agree with several above – a new constitution would greatly benefit from term limits.
Why do we have a bicameral legislature? Why do we need two houses? I might could see it if we needed to even out representation between rural and urban areas but that’s not a big concern. Frankly, I only see a need for one house. It would save money. I also agree that we need term limits!
There definitely needs to be term limits. I agree with the comments that we do not need two houses, one is sufficient. Its members should serve no more than two terms and be subject to recall at all times.
Additionally, all attempts to raise revenue through taxes, fees, or any other revenue generating device should require a 3/4 super majority to pass. We need to make sure the liberals don’t tax and spend us out of existence like they are trying to do now.
The primary reason a rewrite is necessary is to establish term limits and “home rule”.
I should have added “recall and limited Referendum”
There is One message that keeps surfacing every 2000 years or so.
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
THE FIRST DUTY OF THE SOVEREIGN
“THE second duty of the sovereign, that of protecting, as far as possible,
every member of the society from the injustice or oppression of every other
member of it or the duty of establishing an exact administration of justice”
THE NEW COVENANT
Article III, the Judiciary, puts in writing a check and balance on what the founders recognized as public enemy number one: the excesses and the evils of democracy without constraint; the passions, fears, and prejudices of the People.
Article III, as all Constitution writing should be general and in the abstract.
Edmond Randolph: In the draught of a fundamental constitution, two things deserve attention:
1. To insert essential principles only, lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events, and
2. To use simple and precise language, and general propositions, according to the example of the (several) constitutions of the several states. (For the construction of a constitution of necessarily differs from that of law)
Records of the Federal Convention, 1787
Therefore, I submit an alternative form of Article III, the Judiciary.
Article. III.
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 [Modified by Amendment XI]; — 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.
SUMMARY:
Leave the exact structure to the People through their representatives. Remember that time and events alter the detail but do not alter the essential security of our liberty. Section 2 will require more learned legal scholars, there being any available and willing to speak up for fear of the democracy, but it might work with out their help.
The principles from Edmond Randolph apply to all articles of constitution.
The People of the United States in the general do not understand that the Constitution of the United States of America secures their liberty, not only from federal oppression, but also from any intermediate government established between their feet and the Federal Central Government. Until we understand and demand nothing will change.
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.
Edmond Randolph: In the draught of a fundamental constitution, two things deserve attention:
1. To insert essential principles only, lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events, and
2. To use simple and precise language, and general propositions, according to the example of the (several) constitutions of the several states. (For the construction of a constitution of necessarily differs from that of law)
Records of the Federal Convention, 1787
Article III, the Legislative Branch, should become Article I.
Each section has a specific purpose. I feel certain that the concerns addressed will find a fit among the 10 sections after some thought. Many concerns will be handled by an understanding of constitution construction with its checks and balances in place.
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: Qualifications, terms of office, election, and powers specific of the House of Representatives
Section 3: Qualifications, terms of office, Election, and powers specific of the Senate.
Section 4: The Times, Places and Manner of holding Elections, and Requirements for assembly.
Section. 5. Rules and procedures of the Legislative Branch.
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 Congress, 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. Compensation, and privilege from arrest going to and from assemblies. (Modification might be appropriate here because the English custom or tradition was to kidnap in transit members of parliament so they would miss the vote. It was not meant to give representatives an excuse to speed.)
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. 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; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Section 7: Bills for raising Revenue
From Article I, Section 7, of The Constitution of the United States of America I submit the general principles as a revision on taxation
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;[3] If he approve he shall sign it, but if not he shall return it, with his Objections 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 repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
The next sections determine constraints on local rule. The issue becomes which level of government is capable and competent to do what. It also includes who should keep their hands off of what based upon experiences of the past.
Section 8: The Allocation of duties and powers that the local districts or the people singly would be incompetent, or incapable.
Section 9: This is what the people may not deprive of each other. It is essentially the Bill of Rights. It uses the word “No” a lot. It contains the constraints we place upon democracy to secure liberty.
Section 10: This is what the subdivisions within the State may not do. To what is not listed, local rule applies.
The big one is not to issue bills of credit that they cannot honor will full faith and credit
Much this Article is for the Legislature to decide once the constitution is ratified.
The central focus of “constitution draft” is to define the basic structures of the Branch.
Then enumerate the duties DELEGATED to the central government.
Then enumerate the authority to raise revenue
Then enumerate what laws shall NOT be made.
Then enumerate what duties the subdivisions may NOT do.
Remember that what is NOT delegated to the central government is RETAINED by the subdivisions.
Remember that what is NOT enumerated is RETAINED by the People.
Remember that what the subdivisions are NOT constrained from doing is RETAINED for the subdivisions if they choose.
Also, remember that if the subdivisions FAIL in their Duty as the Sovereigns, see the Preamble for your duties, then the central may execute the DUTY for the whole of the society.
Edmond Randolph: In the draught of a fundamental constitution, two things deserve attention:
1. To insert essential principles only, lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events, and
2. To use simple and precise language, and general propositions, according to the example of the (several) constitutions of the several states. (For the construction of a constitution of necessarily differs from that of law)
Records of the Federal Convention, 1787
Legislative details come later, “bounded by the constraints” and the “checks and balances” willed in written form by the People. The boundaries are for ensuring a sound government and for Securing our Natural Liberty and Rights as Englishmen.
Legislative Examples: The Legislative Act of 2010, The Executive Act of 2010, and The Judiciary Act of 2010 following the simultaneous Legislative Act of 2010 Reclassifying as Legislation the 1901 Constitution submitted for Legislative Review and backed by the cause for scruple from original Jurisdiction and Judicial Review by the Supreme Court if the Legislature gets it wrong. The People have first the Executive VETO if the Legislature gets it wrong, then the Independent Jurist, then the right to Speech, Press and Assembly, or then the Independent Jurist, and last but NOT least, the “source of scruple” provided by the Right to Bear Arms: actually an appeal to the Congress, then to the Supreme Court of the United States, and then the “source of scruple” provided by the Right to Bear Arms
The Court, however, is NOT to pre-rule on what it may subsequently subject to Judicial Review. That would create a conflict of interest, which the democratic part might use to break down the written will of the People.
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.
I agree with James Madison’s reasoning about term limits. We the people have the right to limit terms by voting the scoundrels out. Granted voter apathy often works against such action. I do feel that at this time many Alabamians feel like with the constitution we have, what does it matter for whom we vote. Possibly, with a new constitution and voter education, the original Madisonian concept would work. Term limits smack of a basic noblesse oblige and distrust of the ability of the people to make the necessary choices of governance. We should establish home rule and a TRUE CONSTITUTION (one which is the basic outline of government and not a legislative document), and then let the people of Alabama actually direct this government for the first time in over 100 years.
Term Limits
I strongly agree with reasons for opposing term limits offered by Marjo Glann, 7/1, #23. The National Conference of State Legislators, having studied the effects of term limits in 2003-5, concluded against them. Their reasoning cites good policy arguments, not based on self-interest.
Let the people limit; HOWEVER, provide tranparency in legislative decisions and stronger ethics rules for better public education.
Perhaps Sectionn 28, which speaks of general laws applying to classes of cities or counties based on population, should include a regular review of the validity of the classes. The one now in use was constructed in the 1970s and is badly out of date.
#26 has some wording/spelling problems, I think.
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 or 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.
I believe the salary of elected representatives in Alabama should be voted on by the people and not a commission of people which has a vested interest in salaries. I would accept a cost of living increase provision. The salary matter would be voted on at the time of general elections. A citizen’s panel with no connections to the Statehouse in any way would oversee this matter. There should be no special provisions for pensions or payment once they have left office.
Sec 29: the first sentence appears to be overbroad, as it establishes a kind of “field preemption” that stops local governments from “filling in the gaps” in state legislation. It certainly makes sense to prohibit local governments from passing laws that conflict with state laws, but this strips them of far more power than that. For instance, if the state passes a payday lending law and the local government wants to add a licensing requirement that the state law doesn’t have or even mention, it would be prohibited from doing so under this framework. Also, I don’t know what purpose is served by this sentence: “No special, private or local law shall be enacted in any case when the relief sought can be given by any court of this state.” I don’ know what this is trying to get at, since relief in court is generally sought by individuals whereas local laws are categorical. Moreover, a court could always enter a permanent injunction on a matter but that shouldn’t stop the legislature from passing a law on the subject.