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. Composition of and Enumeration of Officers.
The Executive Department shall consist of a Governor, Lieutenant Governor, and Attorney-General. The Supreme Executive Power of this state shall be vested in the Governor, who shall be styled "The Governor of the State of Alabama."
The Executive Department shall also include such other Offices, Departments, and Commissions authorized by the Legislature and approved by the Governor.
Section 2. Election and Term of Governor, Lieutenant Governor, and Attorney-General.
The Governor, Lieutenant Governor, and Attorney General shall be elected by the electors of the state at the same time and places appointed for the election of members of the legislature. The Governor, Lieutenant Governor and Attorney General shall hold their respective offices for a term of four years, commencing on the first Monday after the Second Tuesday in January next succeeding their election and until their successors shall be elected and qualified. Each of said officers shall be eligible to succeed himself in office, but no person shall be eligible to succeed himself for more than one additional term.
Section 3. Election Returns for Executive Branch.
The returns of every election for Governor, Lieutenant Governor, and Attorney-General shall be sealed up and transmitted by the returning officers to the seat of government, directed to the Speaker of the House of Representatives, who shall open and publish them in the manner prescribed by law. The result of the election shall immediately be ascertained and declared by the Speaker from the face of the returns. The person having the highest number of votes for any one of said offices shall be declared duly elected; but if two or more persons shall have an equal and the highest number of votes for the same office, the legislature by joint vote shall immediately choose one of said persons for said office. Contested elections for Governor, Lieutenant Governor, and Attorney-General shall be determined by both houses of the legislature in such manner as may be prescribed by law.
Section 4. Qualifications of Governor and Lieutenant Governor.
The Governor and Lieutenant Governor shall each be at least thirty years of age when elected, and shall have been citizens of the United States ten years and qualified voters in Alabama for at least three years next before the date of their election.
Section 5. Compensation and Residency Requirements for Executive Branch.
The Governor, Lieutenant Governor, Attorney-General, and appointed State Officers shall receive compensation to be fixed by law, which shall not be increased or diminished during the term for which they shall have been elected or appointed. The Governor and the Attorney-General shall reside at the state capital during the time they continue in office.
Section 6. Governor’s Faithful Execution of Laws.
The governor shall take care that the laws be faithfully executed.
Section 7. Executive Reorganization.
Except for organizational arrangements made in this Constitution, the Governor may make such changes in the organization of the Executive Department or in the assignment of functions among its units as he considers necessary for efficient administration. Appointment of individuals to positions to be classified as Officers of the State will require advice and consent of the Senate.
Section 8. Reports from Executive Departments.
The Governor may require information in writing under oath from the Officers of the Executive Department, and Heads of other Executive components upon any subject relating to the condition, management and expenses of their respective offices. Any such Officer or component head who makes a willfully false report or fails without sufficient excuse to make the required report on demand is guilty of an impeachable offense.
Section 9. Authorization of Extraordinary Convocations.
The Governor may convene by proclamation on extraordinary occasions the legislature at the seat of Government or at a different place if circumstances warrant. He shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary.
Section 10. Reports and Presentation of Budget to Legislature by Governor.
The Governor shall, from time to time, give to the Legislature information of the State of the Government and recommend for its consideration such measures, as he may deem expedient. At the commencement of each regular session of the Legislature, and at the close of his term of Office, he shall account to the Legislature as may be prescribed by law, for all moneys received and paid out by him or by his order. At the commencement of each regular session, he shall present to the legislature a budget estimating of the amount of money required to be raised by taxation.
Section 11. Dispensation of Bills.
A) Passage of Laws Every bill passed by the legislature shall be presented to the Governor before it becomes law unless otherwise provided by this Constitution. If the Legislature is in session, the bill shall become law if the Governor signs or fails to veto it within seven calendar days of presentation. If the legislature adjourns before presentation or during such seven-day period, the bill shall become law if the Governor fails to veto it within twenty calendar days of presentation.
B) Veto and Executive Amendments When the Governor vetoes a bill, he shall within seven calendar days of presentation, return it to the house in which the bill originated with recommendations or justification of veto. The bill shall be reconsidered, and if two-thirds of elected membership to each house votes for passage of the bill it shall become law, notwithstanding the governor’s veto.
The Governor may, within the seven-day period, return to the originating house any bill he finds inadequate with recommendations for its amendment. The house to which it is sent may so amend the bill and send it with the governor’s message to the other house, which may adopt, but cannot amend, said amendment. If both houses approve such amendment, the amended bill shall become law. If either house refuses to approve such amendment, or fails to act thereon before the end of the session, then the bill shall again be sent to the Governor and acted on as it were presented for the first time, but no further amendment to such bill can be recommended by the Governor.
In any case in which the Legislature acts upon the Governor’s veto or recommendations for amendment, the vote of both houses shall be determined by yeas and nays, and the names of the members voting for or against shall be entered on the journals of their respective houses.
Section 12. Authority of governor to veto items in appropriation bills.
The governor shall have power to approve or disapprove any item or items of any appropriation bill embracing distinct items, and the part or the parts of the bill approved shall be the law. He shall in writing state specifically the item or items he disapproves. The item or items disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of bills over the executive veto.
Section 13. Succession to Office of Governor and Other State Offices.
In case of the Governor’s removal from Office, Death or Resignation, the Lieutenant Governor shall become Governor. If both the Governor and Lieutenant Governor be removed from Office, Die or Resign more than sixty days prior to the next general Election, at which any State Officers are to be elected, a Governor and Lieutenant Governor shall be Elected at such Election for the unexpired Term, and in the event of a Vacancy in the Office, caused by the Removal from Office, Death or Resignation of the Governor and Lieutenant Governor, pending such vacancy and until their Successors shall be elected and qualified, the Office of Governor shall be held and administered by either the President pro Tempore of the Senate, Speaker of the House of Representatives, and Attorney-General in the order herein named. In case of the impeachment of the Governor, unsoundness of mind, or other disability, the power and authority of the office shall, until the governor is acquitted, or is restored to his mind, or relieved from other disability, devolve in the order herein named, upon the Lieutenant Governor, President pro Tempore of the Senate, Speaker of the House of Representatives, or Attorney-General. If any of these officers be under any of the disabilities herein specified, the Office of the Governor shall be administered in the order named by such of these officers as may be free from such disability.
If the Governor-Elect fail or refuse from any cause to Qualify, the Lieutenant Governor-Elect shall Qualify and Exercise the duties of Governor until the Governor-Elect Qualifies; and in the event both the Governor-Elect and the Lieutenant Governor-Elect from any cause fail to qualify, the President pro Tempore of the Senate, the Speaker of the House of Representatives, the Attorney-General shall in like manner in the order named, administer the office until the Governor-Elect or Lieutenant Governor-Elect qualifies. Should none of the aforementioned be able to succeed, the Office of the Governor shall be administered by such appointed State Officer as may be prescribed by law.
Section 14. Procedure when Governor or Acting Governor appears to be of Unsound Mind.
If the Governor or other Officer administering the Office shall appear to be of unsound mind, it shall be the Duty of the Supreme Court of Alabama, at any regular term, or at any special term, which it is hereby authorized to call for that purpose, upon request in writing, verified by their affidavits, of any two State Officers, not next in succession to the office of governor, to ascertain the mental condition of the Governor or other Officer administering the Office, and if he is adjudged to be of unsound mind, to so decree; and in the event of such adjudication, it shall be the duty of the Officer next in Succession to perform the duties of the Office until the Governor or other Officer administering the Office is restored to his mind. If the incumbent denies that the Governor or other person entitled to administer the office has been restored to his mind, the supreme court, at the instance of any State Officer, shall ascertain the truth concerning the same, and if the Officer has been restored to his mind, shall so adjudge; and in the event of such adjudication, the Office shall be restored to him. The Supreme Court shall prescribe the method of taking testimony and the rules of practice in such proceedings, which rules shall include a provision for the service of notice of such proceedings on the governor or person acting as Governor.
Section 15. Compensation of Acting Governor.
The Lieutenant Governor, President pro Tempore of the Senate, Speaker of the House, Attorney-General, or appointed State Officer, while administering the Office of Governor, shall receive like compensation as that prescribed by law for the Governor, and no other.
Section 16. Holding Office in addition to that of Governor.
No person shall, at the same time, hold the office of Governor and any other Office, Civil or Military, under this State, or the United States, or any other State or Government, except as otherwise provided in this Constitution.
Section 17. Military powers of governor.
The governor shall be Commander-in-Chief of the militia and volunteer forces of this state, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection, and repel invasion, but need not command in person unless directed to do so by Resolution of the Legislature. When acting in the service of the United States, he shall appoint his staff, and the legislature shall fix his rank.
Section 18. Duties and Salary of Lieutenant Governor.
The Lieutenant Governor shall be ex officio president of the Senate, but shall have no right to vote except in the event of a tie. The compensation of the Lieutenant Governor shall be the same as that received by the Speaker of the House, except while serving as governor.
Section 19. Qualifications of Attorney-General.
No person shall be eligible to the Office of Attorney-General unless he shall have been a citizen of the United States at least seven years, and shall have resided and been licensed to practice law in this state at least five years next preceding his election, and shall be at least thirty-years-old when elected.
Section 20. Vacancy in office or Unsoundness of Mind of State Officers.
Should any State Officer vacate Office from any cause, the Governor shall fill such vacancy until the disability is removed or a successor elected or appointed and qualified. In case any of said Officers shall become of unsound mind, such unsoundness shall be ascertained by the Supreme Court upon the suggestion of the Governor.
Section 21. Duties generally and restrictions on receipt of fees, etc., by Attorney-General.
The Attorney-General shall perform such duties as may be prescribed by law and shall not receive to personal use any Fees, Costs, Perquisites of Office, or Other Compensation than the salaries prescribed by law.
Section 22. Calling of a Constitutional Convention.
No less often than twenty years following a public referendum on the subject, the Governor shall submit to the Legislature a question of calling a Constitutional Convention, such proposal to be voted on by the qualified electors of the State at the next time and places appointed for the election of members of the legislature.
Legislative Dispatch
Purple Dot Connection
2010 Big List
2010 Senate Elections
2010 House Elections
Press Releases
“The Governor and the Attorney-General shall reside at the state capital during the time they continue in office.” Probably ought to state that “The offices of the Governor and the Attorney-General shall reside at the state capital during this time they continue in office. They don’t really need to live there.
Section 22: Love the intent of offering chance to hold another convention periodically, but this wording seems to require only that the legislature consider setting a referendum. Wording should clearly REQUIRE a referendum.
I am especially pleased to see that only three statewide executive offices – Governor, Lieutenant Governor, Attorney General – are to be filled by popular election. This should make possible a more efficient, well organized executive branch.
Requiring a super majority for over riding the Governor’s veto is one of the critical reforms that is needed so I was glad to see it included in this draft. Reducing the number of elected officials is another good idea. I disagree with Section 22. While replacing the current Constitution is too difficult having to consider the question once every 20 years does not make sense to me either. We should allow future generations to write a new constitution as they need to, but not force them to review the matter based on an arbitrary passage of time.
Sheriffs should not be dropped out of the executive branch. I realize the intent of this constitution is to increase the ability of the government to impose draconian taxes on the people by opening up “home rule”, but Alabama counties historically have no experience in law enforcement. It would be foolish for them to try to do so now.
The drafters of this document have an obligation to explain why they are for term limits in the executive branch but not the legislative branch. What’s good for one should be good for the other.
More proof of liberal bias, there is no line item veto in Section 12. The governor MUST have line item veto authority.
That last should have been section 11, not 12. They have given the govenor line item authority ONLY with respect to appropriations in section 12. This is not enough.
Section 22 needs to be stricken all together. We don’t need to rewrite the constitution every 25 years…or even consider it.
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.
The Source of Independent Branches of Government
“Good Behavior” is not the same as “For Life”.
Impeachment of Jurist is based on good behavior in their Opinions toward the State constitution, and toward the Constitution of the United States of America, as well as for high crimes and treason against the State.”
The Independent Jurist provides the Executive the necessary independent from the influence of the Legislature.
Due to the Independent Jurist the Executive is buffered from influence and censure by the democratic part, particularly from the Legislative Branch, when trying to hold the constitution Constant.
The legislature by having the power to impeach the executive must be restrained to a small group of exceptionally high causes for impeachment. Spitting, lying, or embarrassing the office are too frequent an event for most Executives.
Therefore, high crimes and treason are the only cause for legislative impeachment. The election process provides the People, not the Legislature, control over the Executive. The will of the Executive must be held constant to those who elected him. The presence of an Independent Jurist, holding Constant the constitution, allows him to remain true to the People when true to their constitution. The Legislature should not hold the will of the Executive by the constant threat of Impeachment
Frequent impeachment threats would nullify an Executive tenure and therefore the will of the People that elected the Executive.
NOTE: The Federal Convention of 1787 defined in the notes that “misdemeanor” is “high crimes or treason against a State”. Morris won, Madison lost, and the word “misdemeanor” stayed. Congress abused: Goldman Sachs harvested. We should educate ourselves, and our children, or the word “misdemeanor” should be avoided.
Impeachment of Senators and Representatives takes place by the democratic process as determined by the tenures of their office. Just as for the Executive. However, they are impeachable for the causes as the Executive, the Jurist of the Supreme Court, and the Jurist of lower courts if applicable: disregard for the constitution, or “high crimes or treason against the State.”
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Line item veto only applies to appropriation areas, so I believe Section twelve is properly and legally written. I don’t won’t a governor to be able to line item other areas. It would give one person far too much power and remove the power from the people of Alabama.
As far as the section on term limits for the stated offices, does there need to be a definite number of years stated in case a governor dies early in office much as the U.S. Constitution limiting a President to no more than 10 years total?
I also approve of the reduction of the number of elected constitutional officers in the Executive Branch.
Article. II.
Submitted as a Revision
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..
Sec 22: this appears to conflict with Art. XIII Sec 3(c), which requires a convention to happen every 20 years anyway. Moreover, it makes little sense to force the public to wait up to 20 years after a referendum to have the Governor present the issue to the Legislature; why wouldn’t such presentment be immediate? This section might be useful if a referendum seeks to raise the issue of constitutional rewriting sooner than the 20 years established by Art. XIII Sec 3(c), but it will only be helpful if the referendum requires immediate action by the Governor and legislature.