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. Statement of Policy.
The provision of an adequate public education for the citizens shall be a primary obligation of the State of Alabama.The legislature shall establish, maintain and support by taxation and other means a liberalsystem of free public schools; wherein, equal opportunities shall be provided for all students. Maintenance and support of post-secondary education shall be provided for in such manner and in such amount as prescribed by the legislature.
Section 2. State Board of Education.
(a) General supervision of the public schools in Alabama shall be vested in a state board of education, which shall be elected in such manner as prescribed by the legislature.
(b) The chief state school officer shall be the state superintendent of education, who shall be appointed by the state board of education and serve at its pleasure. The authority and duties of the state superintendent shall be determined by the state board of education according to such regulations as prescribed by the legislature.
Section 3. Higher Education.
(a) The legislature shall provide for the establishment, maintenance and support of a public system of higher education comprised of the University of Alabama System, the Auburn University System, and such other institutions of higher education as the legislature may deem wise. The legislature shall provide for the selection of members of the governing body for the University of Alabama System, the Auburn University System, and other public institutions of higher education. No member of the legislature shall serve as a member of the governing body of any State college or university.
(b) The legislature shall provide for a commission to coordinate all education beyond the secondary level while advising the governor and the legislature.
Section 4. Sectarian or denominational school.
No money raised for the support of public education shall be appropriated to or used for the support of any sectarian or denominational school or institution.
Legislative Dispatch
Purple Dot Connection
2010 Big List
2010 Senate Elections
2010 House Elections
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Scratch Section 4. We all know why this section is in there. It’s an effort to preemptively shoot down any potential for a school voucher program.
I agree with Rick. Inclusion of section 4 would generate massive opposition from the public.
Also, what does “wherein, equal opportunities shall be provided for all students” in section 1 mean? Does it mean that a student in Montgomery County public schools shall have the same opportunities as a student in Mtn Brook public schools? If so, how does that play out? If Mtn Brook raises substantial local taxes for support of its local schools, but Montgomery County chooses not to, does the Mtn Brook local education money get redistributed? I’m just confused by the wording.
The intent of this entire section is obvious: to give the AEA more power. Don’t they already have way too much power?
Section 1: What does “liberal” mean? Whatever it means, would it kill the whole document in a statewide referendum?
Section 4: Don’t agree that it gives AEA power, or that it would probibit charter schools. . . but may be better to change “sectarian or denominational” to “religious.”
City based school district need to be abolished in this article or in the article concerning local government. With only county school districts, the number of school system is reduced to a reasonable 67. This also prevents cities which concentrate wealth in a small area from forming their own school systems and thereby worsening school inequity. In fact, this is what is causing central cities to die and it is why there is so much inner city crime.
John, it would prohibit school vouchers, a program with which, I suspect, a majority of Alabamians would support but one that will never happen until the AEA is no longer able to buy up the majority of legislative votes through campaign contributions.
Having seen the effects of a legislature-selected board of trustees at Auburn University during my 34 years on the faculty and since, I am not satisfied with the wording of Sec. 3.a. Is it possible to specify a self-perpetuating trustee system for Alabama and Auburn and a governing board for the two- and – four year colleges similar to the existing one, with the provisos above? This doesn’t address the other so-called universities, which present their own problems, for which I have no solution to propose! Ideally, the state should have little or no role in the governance of higher education.
Two Board of Regents shall be established to govern the operations of all four-year public institutions in the state, said Board of Regents shall oversee the administration and set policy direction for all four-year publicly-funded four-year institutions in the state. An Alabama State University System and an University System for Agriculture and Engineering.
Looks like the equity funding lawyers helped write this one.
I feel that some guidelines for local districts should be included in this Article. There probably should be some standards regarding the financial support that a local district can provide. Could a county have more than one school district? This was done when I lived in South Carolina rather than having municipal districts. Could adjacent cities create a school district if they want?
I do not know what “liberalsystem” means and suggest that term be defined or dropped. How equal opportunities for all students is defined and achieved needs definition.
Would the two year colleges be under the State Board created by Section Two or the Commission described in Section Three?
Section Four does appear to be intended to prevent voucher programs. I think it would be better to allow local districts to make decisions like that on their own. There are very few districts in Alabama where they would be at all feasible.
Section 4 is more proof that this is a liberal wish list. Heck, this whole section is. A “liberal system of free public schools”? Weren’t thinking when you exposed that one, were you guys?
This entire article needs to be stricken other than to state that the state may, at its option, provide for public education. No more need be said because we need to have the leeway to do away with government schools and go to an all private school/voucher system.
Also, section 4 runs afoul of the anti-earmarking provisions elsewhere in this document.
No city schools. Mandate the county as the lowest level of public administration. Allow vouchers for private schools.
This Article lives as part of the Preamble.
The Preamble covers a lot of ground. “Education of the young” has always been a key to American Constitutionalism. The DUTY being already stated does not require a separate Article. It would be redundant and complicate the need to serve efficiently in time and event.
The Third Duty as Sovereigns is to provide the infrastructure for a laissez-faire commercial philanthropic republic where each may seek his subsistence so long as he does not harm his neighbors.
“Neighbors” is all inclusive, though it might seem some Alabamans wish the Right to exclude neighbors so to oppress their competitors on moral grounds.
“Roads, bridges, EDUCATION to the young, and transparency of information to all” is called infrastructure: the Third Duty of Sovereigns.
The Preamble covers a lot. It formulates the general and central principle of The Constitution of the United States, which includes Alabama, and all State constitutions.
There are some structural issues, most of which a better set of legislation will resolve.
If we arm our representatives with our respect when holding Constant our expressed will, and we fully execute the republican form of government guaranteed since 1788 with its systems for providing scruple to men having none, the system will produce the ethical behavior that seems fleeting.
It may be that the Executive by nomination with advise and consent by the legislature could take some of the excesses of democracy from the system as the President of the United States practices in forming his cabinet.
We do not need this Article. We will have our sovereign duties to perform, if we get republican form. The details belong to the representatives we elect, and arm.
Many of the comments on this article speak to the reason why Alabama will never likely have a new constitution. Some of you want the details of the old constitution written back into the new one. Case in point: the pages and pages of detail in the old constitution regarding the boards of trustees for the state systems. The committee felt there was no need for these details to be in constitutional law. Charlotte Ward feels this detail should be embedded in the constitution.
Many are hyper over the word “liberal.” There was much discussion about this word. It means “liberal” as in “liberal arts.” It means that the curricula should be diverse and include things other than the 3 Rs. But, maybe the posters don’t even believe that. The committee that included several teachers felt that the curriculum for K-12 needs to be broader. Perhaps we have to avoid this word since it has become such a pejorative most people in this state go into hysteria when they see it, as evidenced by the comments on this blog. This is further evidence of the absence of a “liberal” education in the state, since most don’t understand the basic and broader dictionary meaning of the word.
Most of the posts against this article are by people that are very happy having a dense, detailed constitution that requires state-wide amendments to change any detail, such as the amended 1901 we live under. The people in the ACCR believe we would be better off (=have a more functional legal system in Alabama) to have a constitution that broadly sets the powers of the executive and legislative branches, and have details filled in by the legislature and interpreted by the courts. Many of you will howl in dismay at this idea and point out the dysfunctional legislature we now have. Do we really want to give this this power? Yes, we do, and we should hold their feet to the fire rather than sitting on our hands on election day and not voting. If you believe otherwise, you have simply given up on a republican type of democracy, and you prefer to give the power to the lobbyists and special interests in the state by providing them with a framework of government that makes it very easy for them to control.
I used to be for a new constitution but now I want to keep the current one (flawed though it is).
It is increasingly obvious that this effort is a cynical ploy to raise taxes and expand big government. The cyncism of new constitution advocates is especially disgusting because it is cloaked in insincere antiracist rhetoric. If the propoonents of a new constitution want big government, they could at least be honest that bigger government is their MAIN goal.
In answer to comments #1, #4 and others concerning the use of the word “liberal” fear not: this language is taken verbatim from the text of Sec. 256 of the 1901 Constitution: “The legislature shall establish, organize and maintain a liberal system of public schools throughout the state for the benefit of the children thereof between the ages of seven and twenty-one years.”
Also, the technical definition of the term in a non-political context is: “in accord with the policy of leaving the individual as unrestricted as possible in the opportunities of self-expression or self-fulfillment.”
In response to the various concerns about Sec. 4, again fear not, it also is verbatim (except one word) of Sec. 256 of the 1901 Constitution: “No money raised for the support of the public schools shall be appropriated to or used for the support of any sectarian or denominational school.”
This language has nothing to do with limiting charter schools or of the use of vouchers, as those were not issues in 1901. Rather, the more likely limit on charter schools in the 1901 Constitution and this draft (other sections) is the prohibition on the investment of tax dollars in private enterprise. Original 1901 Sec. 93 and also in current text, “… nor shall the state be interested in any private or corporate enterprise…” that’s the language you need to correct in order for the state to be “interested” (meaning use of tax dollars) in the “private enterprise” of charter schools.
How does this document expand Big Government when it gives us home rule??? I would like to see a term limit for State Superintendent.
TO: Marjo Gann
The Preamble to The Constitution of the United States of America is supreme. By accepting the sovereign Duty for ourselves rather the producing a King, we agreed to Educate the Young.
Why did we do a DUMB thing like that?
It takes money to educate the young so that we can continue to compete on a world scale.
Education is the key to Natural Liberty. American Constitutionalism is about securing Natural Liberty for ALL.
Being in the Preamble as a sovereign duty is all that is necessary in constitutional draft. Anything else would be contrary to the Constitution and gets us in trouble for ignoring our Duty; AGAIN.
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.”
Have we not been there before???
The independence of the Branches, particularly by placing the execution of the Law under the Executive provides for tenures of the Executive for those positions: Dept of Education, Justice Dept, Treasury, Commerce, etc
Education is listed only as a “primary obligation” of the state, rather than as a fundamental right as it should be. How can we establish hunting and fishing as a fundamental right (Art. I Sec 34) but not education? What does that say about our state’s priorities?
John P. – What is even worse than the language you quote is the actual language in the current constitution Sec. 256, where “…nothing in this Constitution shall be construed as creating or recognizing any right to education…”