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. Procedure.
(a) The legislature may propose an amendment to this constitution in the manner required for the enactment of legislation if, on its final passage, the amendment is read at length in each house and a majority of all the members elected to each house approve it.
(b) Proposed amendments shall be submitted to the electors of the state at the next general election following the notice required by this section, provided, that the legislature may, by separate bill enacted in the manner required for proposing an amendment, call a special election for submission of an amendment. The act must declare that an emergency exists necessitating the submission prior to the next general election, and shall not be effective unless approved by the governor within seven days after it has been submitted to him. If a special election on a proposed amendment is called, other amendments may be submitted at the same election.
(c) Elections upon proposed amendments shall be held as provided by law. A proposed amendment shall become part of the constitution if approved by a majority of electors voting on the proposal.
(d) The revision of an entire article or articles or the addition of one or more new articles may be proposed as a single amendment.
Section 2. Form of the Ballot.
The ballot submitting an amendment to the constitution shall contain a summary or short statement clearly indicating its effect. It shall be the duty of the attorney general to prepare such statement in such language as shall create no prejudice for or against the proposed amendment.
Section 3. Constitutional Convention.
(a) A constitutional convention may be called by either an approved resolution of both houses of the Alabama Legislature or by a legal and binding initiative referendum, whose status hinges on the acquisition and qualification of a number of petition signatures (qualified voters from Alabama residence) equaling 10% of the statewide voter totals from the last Presidential general election.
(b) There are two forms a constitutional convention may take. First, there can be established a full constitutional convention, which can write a new Alabama State Constitution. Second, there can be called a “limited” constitutional convention, where the convention is charged to deal with specified topics or amendments to the Alabama State Constitution.
(c) The state will hold a mandatory Constitutional Convention referendum at least every 20 years.
(d) Anything proposed by a Constitutional Convention shall become effective only if it is ratified by a majority of the qualified electors of the state voting on the question of such ratification.
2010 Big List
2010 Senate Elections
2010 House Elections
Press Releases
Section 3c: Better wording on new convention than in Executive article. Better yet:
The state shall hold a mandatory Constitutional Convention referendum at least once every 20 years. Absent any referendum initiative as provided for under Section 3a, the governor shall authorize a referendum to take place in the 20th year following the last such referendum.
Requiring only a majority of vote by each house of the Legislature makes it too easy to amend the constitution.
I disagree with the mandatory Constitutional Referendum every 20 years. Since a referendum can be called by either the Legislature or by petition this Constitution would be easier to replace than the 1901 Constitution. If there are adequate means to amend or replace the Constitution the mandatory referendum provision is unnecessary. I think it would be better to allow future generations to make constitutional changes when they are needed rather than force them to have referendums based on an arbitrary schedule.
AMENDING CONSTITUTIONS
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 … necessarily differs from that of law)
Records of the Federal Convention, 1787
The creating of a State constitution requires first an understanding of the “supreme Law of the Land”, The Constitution of the United States of America. Alabamans already have what they ratified in 1788 by becoming a State. A State constitution simply bounds the subdivisions of the United States back to the feet of the People as decided until Amended by the same by three quarter vote.
THE CONSTITUTION OF THE UNITED STATES OF AMERICA
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.
Second, a small group of State intellectuals versed in political-economic and legal theory capable and competent to draught a document not inconsistent with the laissez-faire commercial philanthropic republic ratified by the People in 1788 must agree to meet for the purpose of creating a document submitted to the Legislature for ratification by the People in conventions by district or by county.
Third, the conventions must by a three-quarters super majority ratify the document as the Constitution of the State of Alabama.
Therefore, I submit an alternative form
Article. XIII.
Amendment of the Alabama Constitution
The Legislature, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this State constitution, or, on the Application of two thirds of the counties, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this State constitution, when ratified by the Conventions in three fourths the counties, as the one or the other Mode of Ratification may be proposed by the legislature.
Two quick comments:
I don’t care for the term “electors” when referring to VOTERS any where in this document. Be direct in the wording.
I agree that mandatory constitution referendum is unnecessary if the amendment process is reasonable.
Article V
Amendment of the Alabama Constitution
The Legislature, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this State constitution, or, on the Application of two thirds of the counties, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this State constitution, when ratified by the Conventions in three fourths the counties, as the one or the other Mode of Ratification may be proposed by the legislature.
Sec 1(b): perhaps should read “Proposed amendments shall be submitted to the electorate”, instead of “electors”? I would also change the next sentence to start, “The *special election* act must declare…”