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
In order that no injury or inconvenience may arise from the alterations and amendments made by this Constitution to the existing Constitution of this state, and to carry this Constitution into effect, it is hereby ordained and declared:
1. That all laws in force at the ratification of this Constitution and not inconsistent therewith, shall remain in full force until altered or repealed by the legislature; and all rights, actions, prosecutions, claims, and contracts of the state, counties, municipal corporations, individuals, or bodies corporate, not inconsistent with this Constitution, shall continue to be valid as if this Constitution had not been ratified.
2. Amendments to the Constitution of 1901 which are not incorporated in the provisions of this Constitution and which are not inconsistent with the provisions of this Constitution shall continue in effect as general or local laws as defined by this Constitution until amended or repealed.
3. That all bonds executed by or to any officer of this state, all recognizances, obligations and all other instruments executed to this state or to any subdivision or municipality thereof before the ratification of this Constitution, and all fines, taxes, penalties, and forfeitures due and owing to the state, or any subdivision or municipality thereof; and all writs, suits, prosecutions, claims, and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the ratification of this Constitution. All indictments which have been found, or which may hereafter be found, for any crime or offense committed before the ratification of this Constitution, shall be proceeded upon in the same manner as if this Constitution had not been ratified.
4. That all the executive and judicial officers, and all other officers in this state, who were elected at the elections held in this state on the first Monday in August, in the years two thousand and eight, or who have been appointed since that time, and all members of the present general assembly, and all who may be hereafter elected members of the present general assembly, and all other officers holding office at the time of the ratification of this Constitution, shall, except as otherwise provided in this Constitution, continue in office and exercise the duties thereof until their respective terms shall expire.
5. As well, as a result of said election, no later than 365 days following the effective date of this Constitution, all provisions, articles, amendments, and responsibilities defined in the Constitution of 1901 not formally or clearly incorporated or defined by this Constitution, shall be identified and reassigned or reappointed to the appropriate and responsible jurisdiction and/or governing body.
6. This Constitution shall be submitted to the qualified electors of this state for ratification or rejection, as authorized and required by an act of the general assembly of this state, entitled "An act to provide for holding a convention to revise and amend the Constitution of this state," approved during the next general election.
Legislative Dispatch
Purple Dot Connection
2010 Big List
2010 Senate Elections
2010 House Elections
Press Releases
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
If such a Constitution of general principles could be constructed and submitted to the people, the current State constitution could be declared simultaneously a legislative document. The new structure with its boundaries, constraints and restraints as ratified by the People in conventions of counties or districts called by the Legislature, would begin to clean up the old in an orderly fashion. Some of the preferences may have to be worked out by the democratic process by the elected representatives.
However, if the presence of an Independent Jurist allows the representatives to bound themselves by Oath and become free from censure by the democratic part, the will of the People for a “laissez-faire free market commercial philanthropic government” just might have a chance. A constitution held constant until Amended with a check on the democractic part to see that it happens.
The constitution will be made Constant without the need for a Jurist to say No due to the Rule of Law which is Justice supercedes preference legislation and legislation contrary to the Constitution. No more reason to get mad for a jurist nullifying Law that was not within Constitution when passed by the passions of democracy.
Upon ratification of a new constitution for the State of Alabama, the Legislature will convert the old constitution into legislative Acts of 2010: The Legislative Act of 2010, The Executive Act of 2010, The Judicial Act of 2010, and The Omnibus Act of 2010.
As the New Constituion is executed, the old is replaced with what is not contraty to the New.
The Constitution on Impeachment and Independence between Branches:
“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.”
“The House of Representatives shall… have the sole Power of Impeachment”
“The Senate shall have the sole Power to try all Impeachments.”
“When sitting for that Purpose, they shall be on Oath or Affirmation.”
“When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”
“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law”
“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”
“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury”
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The above is what the Constitution contains on Impeachment.
This is how I read it.
The People by their votes are the first or last to ring the bell of Impeachment.
The House may by their own process expel a member by their own means, but they could also go the whole nine yards and let the Senate hold the trial.
The Senate has its own rules, and may expel a member, but the House could impeach a Senator if the Senate fails to make them Happy! This is a check and balance of the House over the six-year terms of a Senator.
Executive impeachment is specific.
In most cases, once the pudding hits the fan, a resignation follows. House and Senate rules can handle their own issues, unless an Impeachment is warranted for a fair and full disclosure of whatever machinations have taken place.
I do not trust lawyers or their opinions, they take whatever side they are paid to take with no scruple influencing their facts: often the truth is overlooked. That is how they are trained. Whatever scruple they may have been birthed with is left at the University of Alabama Law School.
The word “may” allows some flexibility for scruple or not by both houses. The voters will impeach a house member within two years if they are not Happy with his behavior.
The Constitution provides the House with the power to Impeach longer terms of representation or which the voters are not able because of appointment if the cause warrants the action. The House becomes the Check and Balance of the People for Senators and others.
The one word needing more background information is “miscellaneous”. Morris said we would never stoop that low: Madison was not convinced: the word remained: and we know the rest of the story.
Pinckney in Aug 1787 at the Federal Convention in Philadelphia defined miscellaneous as “Treason or High Crimes against a State”. Impeachment of the Executive over small issues, like embarrassment, would destroy Executive independence from the Congress making his Constitutional commitment to the People elusive at best from the constant array of Impeachments the House could inflict on the Executive: just like we have with the Governor of the State and his independence from the powers behind legislative branch. Or lack thereof. He does what he is told; therefore the Legislature leaves him alone.