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. Counties.
(a) The boundaries of the several counties of this state, as they now exist, are hereby ratified and confirmed.
(b) The legislature may, by a vote of two-thirds of each house thereof, modify boundaries for the several counties of the state, which boundaries shall not be altered, except by a like vote; and no new county shall be formed hereafter of less extent than six hundred square miles; and no new county or counties from which it is taken with the required number of inhabitants to entitle such county or counties, each, to separate representation.
(c) No courthouse or county seat shall be removed except by a majority vote of the qualified vote of the qualified electors of said county, voting at an election held for such purposes, and when an election has once been held no other election shall be held for such purpose until the expiration of four years.
Section 2. County and Municipal Self Governance Charters.
Upon the expiration of four years following the adoption of this article, a county or municipality shall have the right and power to frame, adopt, amend or repeal a self governance charter upon a resolution approved by the governing body of a county or municipality, or upon resolution or petition of ten per cent of the number of electors who were qualified to vote in such county in the last general election, or in such municipality in the last municipal election, filed with the governing body and a copy filed with the probate judge, the question of the creation of a commission to frame a home rule charter, or charter amendments, shall be submitted to the electorate not less than forty-five days and no later than the next general election. An affirmative vote of a majority of the electors voting on the question shall authorize the creation of the charter commission. The resolution or petition shall designate the method by which the members of the charter commission shall be chosen.
Section 3. County and Municipal Powers of Government.
The legislature shall provide by general law for the incorporation, government, merger and change of boundaries of cities and towns, and boundaries may be altered or rearranged by local law.
Section 4. Conflicting County and Municipal Ordinances.
In the event of conflict between a municipal ordinance and a county ordinance, the municipal ordinance shall prevail within the municipality unless otherwise provided by general or special law of the state.
Section 5. Conflicting County and Municipal Ordinances and State Law.
In the event of a conflict between a municipal or county ordinance and a general or special law, the general or special law shall prevail.
Section 6. Responsibility for County Roads.
The county’s responsibility for the construction and maintenance of county roads shall not hereafter be delegated to a state agency unless the delegation is approved by a vote of the electors of the county.
Section 7. Municipal Streets.
No person, firm, association, or corporation shall be authorized or permitted to use the streets, avenues, alleys, or public places of any municipality for the construction or operation of any public utility or private enterprise, without first obtaining the consent of the proper authorities of the municipality.
Legislative Dispatch
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Section 2: Unclear due to complex sentence structure.
The writers of this article blew a chance to totally restructure local government. Currently small cities can be formed in the metropolitan areas of larger cities with the purpose of concentrating wealth within the borders of a tiny city. Mountain Brook is an example of this.
An article requiring that the base county of a metropolitan area be completely be within the city limits of its main city would fit nicely here. Another option would be to merge all the counties of a metropolitan area into one county to save on bureaucracy and administrative costs.
Wouldn’t this be the best article to clearly specify the structure of HOME RULE – taking the state legislature OUT of local politics?
I am disappointed that the rights of local governments to determine such important issues as zoning, land use, and taxation for local purposes (schools, hospitals, public safety, etc.) are not spelled out. I can find nothing here that improves the current situation of lack of home rule that keeps cities and counties at the mercy of the legislature and as a result insures most of the legislature’s time will be taken up with local bills.
I agree with the previous comment that Section 2 is unclear. Since this Section involves one of the most important reforms needed in a new Constitution it should be rewritten with subsections so that it can be clearly understood.
I am also unclear as to why Section 2 mandates a four year wait before it can be implemented.
NO HOME RULE!!!! Why should I trade a couple hundred tyrants in Montgomery for ten or so tyrants in my home town?
I favor home-rule. I would rather have the mess made locally where I can find the ( ) who made it than to get the run-around in Montgomery.
This Article should be addressed in the Legislative Article.
Article III, the Legislative Branch, should become Article I.
The Legislative Section becomes the following 10 sections: each with a purpose.
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
The next sections determine constraints on local rule. The issue becomes which level of government is capable and competent to do what.
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
This Article should be addressed in the Other Articles.
Article III, the Legislative Branch, should become Article I.
Section 1. Counties:
From the Constitution of the United States, Section. 3. New Counties may be created or admitted by the Legislature and by Congress if from another State 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 People of the Counties concerned as well as of the Legislature and in the event from another State the Congress.
Remember that what is not delegated is RETAINED locally. Remember that only what is delegated is GIVEN up to the central.
Isn’t paragraph c redundant and avoidable if such authority is NOT allocated to the Legislature in Article III, (I)?
Sections 2 – 7 would be part of the Legislative Act of 2010 if still deemed appropriate. As local rule is developed and refined the experiences will certainly prove the need to flex with the time and events. Will all the subdivisions have the competences and capacities of “local rule”? Benjamin Franklin’s concern would be the risks of another excessive layer of bureaucracy made possible only by taxation and inefficient in its execution.
Section 2. County and Municipal Self Governance Charters.
Section 3. County and Municipal Powers of Government.
Section 4. Conflicting County and Municipal Ordinances.
Section 5. Conflicting County and Municipal Ordinances and State Law.
Section 6. Responsibility for County Roads.
Section 7. Municipal Streets.
AMEN to comments #3 and #4. If Ellery wants to state the intent of the founders, then “home rule” was their major goal with a restricted national government. You can’t have it both ways.
Amen to #3 #4 and #10. Instead of just allowing a local government to construct a charter, the powers mentioned by Charlotte Ward should be specified, because the current bad system is so embedded.
Local Gov. and Article III.\
In the constitution proposed by the Const.Commission of 1973 (the yellow book, which has good explanations)
the Legislative Article does provide a grant of powers to local governentments.
That Constitution provides for local governments to make a charter and also for a general law granting certain powers to local governments after a vote.
It should be noted that some localities may be left in their current limited circumstances if local people are too suspicious of the county commissions.
TO: Holt Busbee, Charlotte Ward, Marjo Gann and Ruth Wright
A constitution draft is establishing boundaries, not legislation. The purpose is to establish boundaries around the Natural Liberty of all men, through which legislation is NOT to invade.
To worship as you wish while leaving others the same “Right” by Not allowing the making of Law favoring your faith’s position only.
To make Law for the whole of the State, the whole of the infrastructure, while Not constraining local initiatives.
That the final constitutional draft not restrain local rule is where the Right to Local Rule is retained by the People.
Legislative Construction enumerating specific powers and constraints all else being RETAINED by the People:
Section 8: Delegation only of what local rule would be incapable or incompetent to accept the responsibility.
Section 9: Enumeration of what invasions the representatives would surely make if not restrained from being made Law if NOT enumerated.
Section 10: Enumeration of what local rule must be constrained based upon experience of the ages.
There seems to be a disregard for the fact that “The Constitution of the United States” is the security ratified by the People in Conventions to secure the Natural Liberty of all People against any government invasion whether local, state or the federal.
This concept needs to really sink in before we ratify anything contrary to that fact. Repeating the mistakes of the past is a really common trait.
Consider also, that if classes of the People fail in their sovereign Duty, Section 8 delegated to the central government the responsibility to interim initiatives.
The Constitution: 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 United States, or in any Department or Officer thereof.
The proposed Constitution of the State of Alabama: “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.”
The most offensive, aggravating, bigoted, and tyrannical laws come from local governments in the form of zoning laws, building codes, etc. But such laws could come from the state government. Thus I propose the following be included in the constitution.
BEGINNING OF DRAFT
Powers denied to the State and all local governments:
Neither the State of Alabama or any local government therein have the power to
1.) Prohibit, enact zoning laws, or enact codes of construction on the basis of
a.) aesthetics
b.) the nature or content of the entertainment offered there
c.) its proximity to a church
2.) Impose a curfew on adults or minors except during civil emergencies
3.) Restrict consensual sexual activity among adults.
END OF DRAFT
Local government structure – Here I address two problems, the concentration of tax revenue in small rich suburban municipalities and counties, and the antiquated, confusing patchwork of city and county governments. Right now cities, counties, and towns exist in Alabama sometimes overlapping each other. Counties usually handle the duties and services usually provided by cities to areas that are not incorporated into a city or town. But sometimes they do not have the teeth to do so. Thus I propose the following be included in the constitution.
BEGINNING OF DRAFT
I. Subordinate governments
A. The State of Alabama shall be geographically divided into counties. Those areas that are identified by the United States Census Bureau as metropolitan areas shall consist of only one county and shall be called “cities.”
B. Other counties will be called “townships.”
C. If a metropolitan area is not wholly in Alabama, then the portion of the metropolitan area that is in Alabama shall be designated a city if its population and demographic characteristics are such that the United States Census Bureau would classify it as a metropolitan area. Otherwise each county within that part Alabama will be designated a township.
II. Local government
A. Cities
1. Subdivision of cities
a. Cities are to be divided into subordinate political units called “boroughs.” Their boundaries must be drawn to make them approximately equal in population.
b. Cities with a population of at least 100,000 but less than 250,000 will have five boroughs.
c. Cities with a population of at least 250,000 but less than 500,000 will have nine boroughs.
d. Cities with a population of at least 500,000 will have fifteen boroughs.
2. City government
a.) Executive power of a city shall be vested in a mayor who shall serve for a maximum of two five year terms with the first full term beginning at noon on the first Monday after the first day of the second year in which this Constitution is adopted.
b.) Legislative power of a city shall be vested in one representative for each borough in that city.
c.) A city may create by legislation its own city court system whose judges shall be non-partisan and may not be removed from offices for political reasons.
2. Cities shall have the power…
a.) to levy taxes on land and the sale of goods and services if the majority of voters approve
b.) to construct and maintain roads
c.) to establish and manage public transportation
d.) to build, maintain, and manage a zoo, art museum, parks, and other recreational and cultural amenities that benefit the city as a whole
e.) to manage the airport
f.) to provide water to residents
g.) establish public libraries
h.) maintain and improve a sewer system for proper sanitation
i.) that counties had under the previous constitution
3. Boroughs shall have the power…
a.) to provide for the collection and proper disposal of garbage
b.) to establish and manage schools
c.) to provide police and fire protection
d.) to enact zoning ordinances strictly within the limits set forth in this constitution
e.) to provide for the control of animals for the safety of both humans and animals
f.) to construct and maintain streets within its boundaries
4. Powers denied to boroughs:
a.) No borough shall have the power to impose any tax of any kind. Nor may they charge fees of any kind. Boroughs shall be financed by the city which they are a part of. That city will have the duty to fund each of its boroughs on a fair and equitable basis.
b.) A borough may not be divided into more than one school district or more than one district for police protection, fire protection, or any other services provided by the borough.
c.) A borough may not permanently close a street or part of a street that is within one mile of another borough, except with the consent of all boroughs within one mile of the stretch of street to be closed.
B. Townships
1. Any county which is not a part of a city as defined in this constitution or is not a city unto itself as defined in this constitution shall be called a township.
2. Each township shall have all the powers shared by cities and their boroughs.
3. Townships with a population of at least 50,000 shall be governed by a mayor and a council of nine members.
4. Less populated townships shall be governed by a mayor and a council of five members.
5. There shall be no subordinate governments within the township that can provide any of the services that the township provides. (No incorporated towns)
6. A township may not be divided into more than one school district or more than one district for police protection, fire protection, or any other services provided by the borough.
END OF DRAFT
The text in parentheses within the draft is solely for clarification of the meaning of the surrounding text and is not proposed as a part of the actual text of the draft.
Some other variations of these ideas may also be effective.
I agree with Pat D. about the evils of democracy she refers to in paragraph one.
But my issue regarding the rest of the concerns would be the effect of making permanent what has been overlooked in all the detail.
Local rule means additional bureacracy and a need for revenues to fund it.
The State legislature should be limited to what it only is capable and competent to assume the resposiblity.
Local rule must be restrained from what history has taught by experiences not to take on.
After that, the process of democracy finds the best utilization of scarce resources.
First there is the security of the Constituion of the United States. Has a concern above already been covered by what we agreed to by ratification of the People in conventions in 1787.
Second, have we secured in State Constitution the security of our 1787 Constituion and allocated powers according to the capacity and competence of the appropriate levels of government.
All else is retained locally for the people.
Before we lock ourselves into a structure, lets be sure to have examined economies of scale, as well as the evils mentioned in paragraph one.
Centralize appropriately and leave individual initiative appropriately. Restraining preference legislation by the democratic process statewide or locally will go a long way in keeping the revenue needs in check.
The ideas above may be excellent solutions but we do not want to chain ourselves into so much detail by constitution.