NOTE: The 2009 Mock Convention Delegates adopted this draft on June 8, 2009 to ask for public comments. Once they review the comments, they will revise and adopt the final version before it is unveiled on August 27, 2009 at the Constitution Village in Huntsville.
PREAMBLE
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
We, the people of the State of Alabama, in order to establish justice, insure domestic tranquility, provide for the general welfare, and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government of the State of Alabama:
Individual Articles are found
in the index on the right. Your feedback
is welcome in the comments
underneath each section.
2010 Big List
2010 Senate Elections
2010 House Elections
Press Releases
The term “provide for the general welfare” should be left out. It implies that OUR STATE government should, LIKE COMMUNISTS, provide things at public expense (health care, education, housing, food, etc.)–all of which should be left to the PRIVATE SECTOR.
Please see this:
http://www.freealabama.com/archive/martin8.htm
Perhaps “provide for” should be changed to “promote the general welfare” (same as the preamble to the U.S. Constitution).
I agree with Ashley.
While I do NOT believe it implies our state is communist, provide may imply that the state is the sole delegate responsible for the general welfare of its people. Promote implies that the state helps bring about and improve the general welfare of its people.
If governments do not “promote the general welfare” I don’t know any other reason for having a government. The constitution provides the framework through which this is accomplished. I do like the suggestion that we use the word “promote” Unless we promote the common good (i.e. general welfare) we have anarchy….a state of lawlessness, confusion, disorder.
I should first say that I haven’t had time to fully study the test of the proposed constitution that the mock convention produced.
That said, I submit these comments based on what I have read:
[1] Article 1, Section 2 begins by saying, “All political power is inherent in the people…..” If that is true, the people should have a constitutional right to have an Initiative and Referendum (I&R) procedure they could use when necessary (because the legislature continues to refuse to pass it) to introduce REAL reform and accountability legislature that would bypass both the legislature and the governor and be put on a ballot for voters to accept or reject. Representative Mike Ball has introduced a constitutional amendment that would provide for that constitutional provision during each of the several most recent regular sessions of our legislature. In the most recent session it was known as HB 279.
I don’t know where such a procedure should be included in a new constitution, but I certainly would hope that it would be because it may be the best, if not only, hope for a more transparent and accountable state government in Alabama.
They say that wisdom comes with age. Last year’s session of the Silver-Haired Legislature urged that Alabama become the 25th state to have I&R. Those who write a new constitution should follow their example.
[2] Section 4 of Article III: Legislative Branch, looks very similar to Section 47 of our current 1901 Constitution. One may wonder what the value of including this is, when we have a state senator who has served for years in violation off Section 47 of our constitution and no one has challenged his right to be elected and serve in any court of law or even in our state media, as far as I know. That person, in case anyone wants to challenge his right to serve, is Senator Wendell Mitchell who resides in an area of Montgomery that is in Senator Dixons district, although Mitchell claims residency in a Post Office box in the district he represents in the legislature.
Omit, “invoking the favor and guidance of Almighty God”. Leave religion out of it. Keep it non-sectarian and non-religious.
Section 1 a Impeachment
Judges who are elected should be subject to impeachment, if not it makes them above the law.
Section 16 of Article VI Tenure of Office
(a) term of office for a judge is six years, however, in the 19th circuit one judge has been on the bench for 16 years. Once the six year term is up, the public should be entitled to a special election determining whether or not the judge is still worthy of his/her position. Retention elections, term limits are limits.
I agree with Holland…Omit “invoking the favor and guidance of Almighty God”
If people are not willing to omit, then I propose an alternative phrasing of “invoking the favor of our Creator”
I agree re: “promote” rather than provide
re: omit “invoking … Almighty God”
I think in this context “ensure” is better than insure, but insure is acceptable.
Promote is definitely better, as provide sounds like a Nanny State. There is nothing wrong with invoking the favor of Almighty God as we do now. If you don’t think there is one, move to California. Just kidding, but seriously, it doesn’t specify Jehovah, Allah or Jesus, or any specific religion. Why pick this fight, which is sure to doom the efforts at all to improve the state government. For that matter, I like the current Constitution and its provision for amendments for the most part. I don’t want school boards calling for tax elections that they don’t administer at the drop of every hat. FOR STARTERS, call on a statewide amendment for Legislative Term Limits, with no grandfather clause. The Senate Leadership is a joke. The House without Seth Hammett??? Will it degenerate into partisan bickering and more. It has lost ground already fighting over gambling, passing more gambling and alcohol stuff, when we can’t even get out budgets balanced. A total loss in priorities. If you move people out after 12 years, they can run for something else and win if they are really good and really want to.
“Promote” is better than “provide.”
“Invoking the favor of Almighty God”: The founding documents of our nation include phrases similar to this. The vast majority of people in our state believe in God. Don’t let a vocal, reactive minority push the wording toward practical atheism or agnosticism. Such an avoidance of belief would become obvious and would cast the entire effort in an unfavorable light. Look at the precise wording in the national consititution for precedent and guidance.
Commenter 11 suggested looking at the precise wording in the national consititution for precedent and guidance. That wording is as follows:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
“invoking the favor and guidance of Almighty God” this is unnecessary and exclusive. Non-believers or believers of something else altogether do not desire something like this at the introduction of a Constitution created for them. Church and state are separate for a reason. I am offended by such a statement and would not support a document with this phrase in it. Knowing what we know today, I don’t feel that this segment is at all necessary to a new Constitution for this State. I have nothing to suggest in it place, but rather just remove it. Thank you.
The term lenght should not exceed 8 years for ANY elected official. Elected officials should absolutely NEVER be able to approve their own raises. Their raises should be voted on by the same prople who ELECTED them. If changes are to be made to our constitution…make them be changes that benefit the people of our State.
Regarding the election of Judges. I don’t think we get the best qualified Judges by running a popularity contest.This requires them to take campaign contributions that could possibly make them vulnerable in some decisions. I propose that those wanting to become a Judge submit a resume of their qualifications to a panel appointed by the govenor or the Legislature to screen the applicants and submit the best qualified ones to the Legislature.The Legislature would then decide by vote the candidate to become Judge.The term should be for a six year period allowing the incumbent Judge to re-apply along with a new slate of candidates.The terms of the Judges throughout the state should be staggered to alleviate overburdening the Legislature all at once.
Barney, I personally don’t think that it should be left up to the public to vote for judges. I think it should be decided by the governor, however, in the event these judges can’t serve the public because of misconduct or violations, I feel then we should have a say in whether or not that judge can remain on the bench. Everyone is making a lot of good points on this subject and I hope that it will taken into consideration. If not we are all going to be in big trouble with this because according to Article XII above they are wanting to exclude judges from impeachment. We the people will become powerless against them. To exclude them from impeachment and still allow them the same tenures is crazy. It makes me believe that there is a judge behind the Constitutional reform efforts.
I would just like to have a clear definition of the term, “MORAL TERPRITUDE”. Which our illustrious AG shrugs his shoulders, with none.
“[P]rovide for the general welfare” has been used by leftists to impose socialist policies on the national level. It should be stricken altogether. The blessings of liberty are more than enough, thank you very much.
Without initiative and referendum, this thing is DOA.
Brandy, we are electing judges if they are appointed by the governor. Don’t we elect him?
Yes, we elect the Governor, however, that does not mean we would be electing the judges too. A judge who is appointed clearly takes the election of them out of our hands. Just because an elected governor appoints does not mean we are still electing judges. The governor will see things about the appointed judge that we clearly are not aloud to see and that is their qualifications. Just because someone comes to me campaigning, and hands me a brochure with his/her qualifications on the brochure in their words does not mean I am going to take their word. I have to see the real deal from here on out. I don’t believe anything they have to say.
Preamble
(Submitted as a Revision)
We the People of the State of Alabama by accepting the Duties of the Sovereign towards our neighbors as citizens under The Constitution of the United State of America, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this constitution for the State of Alabama.
DISCUSSION:
We the People, each, accept as our own the three duties of the Sovereign in order to perfect our Property and our Posterity ordain and establish this Constitution
[Replace a DEFINITION with its WORD – accept the three duties of sovereignty as our own]
“THE first duty of the sovereign, therefore, that of defending the society from the violence and injustice of other independent societies,”
“THE second duty of the sovereign, that of protecting, as far as possible, every member of the society from the injustice or oppression of every other member of it or the duty of establishing an exact administration of justice”
“THE third and last duty of the sovereign or commonwealth is that of erecting and maintaining those public institutions and those public works,” Wealth of Nations, Book V
“After the public institutions and public works necessary for (1) the defence of the society, and for (2) the administration of justice…facilitating the commerce of the society, and those for (4) promoting the instruction of the people. The institutions for instruction are of two kinds: …education of youth, and those … instruction of people of all ages”
The SOURCE of the Three Duties is the Wealth of Nations by Adam Smith, 1776. This publication defined American Constitutionalism and is the footing for laissez-faire free market capitalism: something not practiced in America but preached as if frequently.
As you can see, education of the young is already part of the State constitutions by acceptance under The Constitution of the United States. Therefore Article X, Education is unnecessary. These duties are the source of domestic tranquility, general welfare, and the blessing of liberty: the reward for industry and frugality.
NOTE: The Convention of 1787 was called to solve the result of excessive democracy among the States. As today, the excess had resulted in a bankrupt government. The reason was from many of the same wants for constraints on men who do not scruple in the ambitions and avarice. Check out the following article about Goldman Sachs and the current monetary crisis: our 401(K) and pension plans. “How Goldman Sachs
Runs > Washington” http://www.scribd.com:80/doc/16763183/TaibbiGoldmanSachs
Mr. Madison considered the negative on the laws of the States as essential to the efficacy and security of the General Government. The necessity of a general Government proceeds from the propensity of the States to pursue their particular interests in opposition to the general interest. This propensity will continue to disturb the system, unless effectually controuled. Nothing short of a negative on their laws will controul it. They can pass laws which will accomplish their injurious objects before they can be repealed by the General Legislature or be set aside by the National Tribunal. Confidences cannot be put in the State Tribunals as guardians of the National Authority and interest. In all the States these are more or less dependent on the Legislatures. In Georgia they are appointed annually by the Legislature. In Rhode Island the Judges who refused to execute an unconstitutional law were displaced, and others substituted, by the Legislature who would be willing instruments of the wicked and arbitrary plans of their masters. A power of negativing the improper laws of the States is at once the most mild and certain means of preserving the harmony of the system. Its utility is sufficiently displayed in the British Empire. Nothing could maintain the harmony and subordination of the various parts of the empire, but the prerogative by which the Crown, (“We being the sovereign King by Constitution” from the Preamble above), stifles in the birth every Act of every part tending to discord or encroachment. It is true the prerogative is sometimes misapplied through ignorance or a partiality to one particular part of the empire: but we have not the same reason to fear such misapplications in our System. As to the sending all laws up to the National Legislature: that might be rendered unnecessary by some emanation of the power into the States (See below, Article VI), so far at least, as to give a temporary effect to laws of immediate necessity. The Records of Convention, July 17: Vol. II, page 27-28
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 Constitution, Article VI, paragraph 2
As currently constructed we have gained little.
The preamble: establishes the sovereignty of the people by their acceptance of the three duties of the sovereign as their own. However, the Alabama Preamble omits “the common defense” therefore leaving us at the mercy of the legislature.
“A check is devised for three purposes – to prevent encroachments by the Legislature on the Executive, the Judicial, or on private Right.” June 6, page 144
“Our chief danger arises from the democratic parts of our constitutions. It is a maxim which I hold incontrovertible, that the powers of government exercised by the people swallow up the other branches. None of the constitutions have provided sufficient checks against the democracy.” Randolph, May 29, page 26-27
We the People decline a sovereign King by accepting as our own the three duties of the Sovereign to secure our natural liberty and perfect our property irrespective of God.
“THE first duty of the sovereign, therefore, that of defending the society from the violence and injustice of other independent societies,”
“THE second duty of the sovereign, that of protecting, as far as possible, every member of the society from the injustice or oppression of every other member of it or the duty of establishing an exact administration of justice”
“THE third and last duty of the sovereign or commonwealth is that of erecting and maintaining those public institutions and those public works,”
“After the public institutions and public works necessary for (1) the defence of the society, and for (2) the administration of justice…facilitating the commerce of the society, and those for (4) promoting the instruction of the people. The institutions for instruction are of two kinds: …education of youth, and those … instruction of people of all ages”
Some how the delegates have ignored the Constitution of the United States of America as the Constitution of each American as their own.
Its purpose: To secure natural liberty and property from our feet to the central federal government. Is not the central complaint that state legislatures have deprived all but the moneyed interest of such security?
Ellery B. May III
The Preamble of the Constitution of the United States of America establishes the new Covenant as our form of government; the Constitution provided the checks and balances giving it a chance to take effect. We need only learn and execute what we have already.
“And hence it is, that to feel much for others and little for ourselves, that to restrain our selfish, and to indulge our benevolent affections, constitutes the perfection of human nature; and can alone produce among mankind that harmony of sentiments and passions in which consist their whole grace and propriety. As to love our neighbors as we love ourselves is the great law of Christianity, so it is the great precept of nature to love ourselves only as we love our neighbor, or what comes to the same thing, as our neighbor is capable of loving us.”1
“THE second duty of the sovereign, that of protecting, as far as possible, every member of the society from the injustice or oppression of every other member of it or the duty of establishing an exact administration of justice”
“All systems either of preference or of restraint, therefore, being thus completely taken away, the obvious and simple system of natural liberty establishes itself of its own accord. Every man, as long as he does not violate “ the laws of justice”, is left perfectly free to pursue his own interest his own way, and to bring both his industry and capital into competition with those of any other man, or order of men.”2
The founders’ pens defined Republican form in Federalist 9.
“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. 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.”
The American Bill of Rights is found in Article I, section 9 and among the first ten amendments. We have not grasped that if not enumerated the Right is Retained; privacy is not enumerated. A Bill of Rights puts in writing what “We the People” may not impose upon each other by democracy: local, state, or federal. Imposing a restraint upon our neighbor’s natural liberty requires the amendment process of Article V; conventions of the People must choose by three-quarters in the affirmative mutual annihilation. Understanding the Preamble is all that is necessary for a laissez-faire new covenant government. However, men who have no scruple need details. Details are explanatory legislation like The Glass-Steagall Act of 1933. Until 1999, it provided the scruple securing Article I, section 10, “No State shall “emit bills of credit” without collateral equivalent of gold and silver. The “evil of democracy” has struck again.
Ellery B. May III
The draft has too much legislation. What surely will change if Alabama evolves should be left to committees after ratification. Alabama could choose to become the sixth State to accept the Constitution of the United States as its own. Probably will not happen.
Understanding the Preamble to the Constitution of the United States of America will take care of several articles in the draft. Simply provide an abstract for justice by the rule of law.
“THE first duty of the sovereign, therefore, that of defending the society from the violence and injustice of other independent societies,”
“THE second duty of the sovereign, that of protecting, as far as possible, every member of the society from the injustice or oppression of every other member of it or the duty of establishing an exact administration of justice”
“THE third and last duty of the sovereign or commonwealth is that of erecting and maintaining those public institutions and those public works,”
“After the public institutions and public works necessary for (1) the defence of the society, and for (2) the administration of justice…facilitating the commerce of the society, and those for (4) promoting the instruction of the people. The institutions for instruction are of two kinds: …education of youth, and those … instruction of people of all ages”
ARTICLE X: EDUCATION is covered by Preamble as a duty of the sovereign People..
Enumeration of what the individuals a government may be incapable, or incompetent to execute is probably the only specific enumeration that would be wisely placed in constitution. If the People refuse or neglect their duties as the sovereign, a level of government that is capable and competent must step in until the People, as sovereigns, are intellectually capable and willing as Duty.
“To legislate in all cases, to which the separate States are incompetent: [Ayes–9; noes–0; divided-1] or in which the harmony of the united States may be interrupted by the exercise of individual legislation
A constitution secures natural liberty and the blessings of liberty: the blessings of an individuals industry and frugality. A constitution insures that particular market participants may not receive competitive preferences over the other participants by the process of democracy. Establishing justice and laissez-faire capitalism by its check on preference.
There is a discussion over the word “Promote” or “Provide”.
The Third Duty as Sovereigns is to provide the infrastructure for a laissez-faire commercial 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, or 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. No need to make a constitution over enumerated. The specifics of the New Covenant are too numerous to list. Most all know when we have crossed a line. Laws of “Sessions Preference” should have a check separate of the democracy. The independent jurist makes Justice trump Law and by adding scruple to the group lacking one.
When the private sector finds a lack of scruple by preference and protection against new entrants, substitute products, bargaining powers of seller of labor or commodities, bargaining powers of buyers of labor or commodities, or rivalry of competition a critical mass event like health care or energy emerges that only depression or government bailouts can solve. I prefer the latter, but there is a democratic part to government. Deregulation let loose the most unscrupulous men in Wall Street to have at us: the democratic part at work. We got what we asked for: was it what we thought we were getting. My 401(k) says no. What does yours say?
Constitutional enumeration provided the check that democracy ignored. Article I, section 10 of the Constitution, “bills of credit”. The State governors and Madoff should make for a full cell.
“Provide” is correct. Government provides the infrastructure that the people are incapable or incompetent singly or in groups. After that, preference legislation is out, laissez-faire free market competition where all compete unencumbered by preference legislation: THE TAX THAT OPPRESSES
We have a democratixc part and a republican form part of government.
The republican form protects the Constitution and will protect the State constitution from transient nullifcations of a vindictive, ambitious, and rapacious democrratic part.
The process of judges is handled by the democratic part in how we choose the Executives and the Representatives. We elect them.
The republican part brings in the “nomination” by the Executive and the “advise and consent” of the Judiciary Committee.
A competent Executive will set the standards high and as seprate from the democratic passions as he can.
High marks from the Bar Associations to insure competetence as a jurist, and in the law.
Character will be based on reputation and esteem from the communities the jurist has served.
The Judiciary Committee composed of elected representatives ensures that the competence, capability and capacity of the nominee fit the standards of the people they represent. (That hopefully will improve over time. Abraham Baldwin, speaking at the Convention of 1787 for the South said that eventually we would be of “a people whose morals reached the whole of humanity.”)
If the constitution is secured by Jurist secure in their tenure and compensation, then the Executive is independent to hold the constitution constant in his execution of the Law, and the representatives are secure to voice their favor in holding the constitution constant in the legislation of the State.
In response to comment #1, thus says the preamble to the U.S. Constitution:
“The Constitution of the United States of America”:
“We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”
To be sure, “promote the general welfare” means, 1) do no harm and, 2) give folks a chance, i.e., establish no barriers to economic and social enhancement as long as folks follow the law in ways that enhance opportunities and do no harm to others.
For our country and especially for our state, fear, irrational fear, grounded in decades of corruption and racism, sexism and privileges for a few, make people afraid of change. It is as if some feel better with the Hell we know than the Hell we anticipate. Those are such limited choices: one Hell vs. another Hell. Where is there room for hope in such a scenario? That is no way to run a democratically accountable, transparent, inclusive, and participatory democracy.
Let’s face it; Alabama never got the democracy memo. Not the memo that said all people are equal regardless of race, wealth, poverty, gender, or age.
What many Alabamians forget is that WE are the producers of governance, not merely consumers. Surely, we elect people to handle our government’s business, but we equally surely did not sub-contract our rights and responsibilities as voters.
Citizenship, including but not limited to voting, is work, hard work, and anyone who wants to tell you anything else is simply asking you to take a fall and give in to current dominant interests who fear a coming together of the people of Alabama. Those Big Mules will not go silently into the night. The current Alabama Constitution works just fine for them.
One question – how much does the current constitution cost us in terms of education inequities, transportation (both public transportation and roads and bridges) imbalances, criminal justice, health care, senior care, recreation, housing and utilities?
What comparisons are there with other nearby states? We residential electric consumers in Alabama pay higher electric rates than in Georgia and the large timber interests pay lower property taxes than in Georgia. In fact, if Alabama doubled its property taxes on large timber properties (mostly owned by out of state corporations), we would still be the lowest in the nation.
It was the fear of poor people, black and white, that drove the constitutional Convention of 1901 among a body of privileged white males. Alabama is different today, isn’t it? Let today’s Alabama have a chance. Let the people vote.
Preamble
(Submitted as a Revision)
We the People of the State of Alabama accepting our Duties of the Sovereign over our neighbors and fellow citizens under Oath to The Constitution of the United State of America, in order to form a more perfect union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this constitution for the State of Alabama.
Article I
The Legislative Branch
(Submitted as a Revision)
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: The House of Representatives shall be composed of Members chosen every second Year by the People of the several State subdivisions
No Person shall be a Representative who shall not have attained to the Age of thirty Years, and been three Years a Citizen of the State of Alabama, and who shall not, when elected, be an Inhabitant of that State subdivision in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the several States subdivision according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons.
There shall be one Representative for every forty thousand, until the number shall amount to one hundred and five, after which the proportion shall be so regulated by the Legislature, that there shall be no more than one Representative per the number equal to the population of Alabama as presented by Census to the Congress divided by one hundred and five.
When vacancies happen in the Representation from a State subdivision, the legislature authority of the State subdivision may empower the Executive Authority of the subdivision thereof to issue Writs of Election and to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.
No person shall be elected a representative more than three times without a break of four years.
Section 3: The Senate of the State of Alabama shall be composed of two Senators from each of no more than seven State Senatorial subdivisions, elected by the people thereof, for six years; and each Senator shall have one vote.
No Person shall be a Senator who shall not have attained to the Age of thirty-five Years, and been five Years a Citizen of the State of Alabama, and who shall not, when elected, be an Inhabitant of that State subdivision in which he shall be chosen.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year.
When vacancies happen in the Senate from a State subdivision, the legislature authority of the State subdivision may empower the Executive Authority of the subdivision thereof to issue Writs of Election and to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
The Lieutenant Governor shall be President of the Senate, but shall have no Vote, unless they shall be equally divided.
The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Lieutenant Governor, or when he shall exercise the Office of Governor of the State of Alabama.
No person shall be elected a Senator more than twice without a break of six years.
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 Governor of the State of Alabama 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 State of Alabama: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law
Section 4: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be consistent with choosing representatives to Congress.
Subdivision for the election of Representatives to the Legislature will first, be based upon the allocation of population into squares equal to the census presented to Congress divided by one hundred and five. There shall be no more than one representative per district; second, the district lines will over lay to the nearest geographical features to the lines of each square. The lines are to be reassessed after each census presented to Congress.
Subdivisions for the election of Senators to the Legislature will be by the allocation of the one hundred and five representative subdivisions into seven equally weighted districts, as best possible allocated, following each census presented to Congress.
The State Legislature shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section. 5. 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 the Legislature 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. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the State of Alabama.
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
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, but not immune from Censure by their respective House for abuse of privilege; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No law, varying the compensation for the services of the Senators and Representatives, during the Time for which he was elected, be appointed to any civil Office under the Authority of the State of Alabama or any subdivision within the State of Alabama, which shall have been created, or the Emoluments whereof shall have been increased shall take effect, until an election of Representatives shall have intervened; and no Person holding any Office under the State of Alabama, shall be a Member of either House during his Continuance in Office.
Section 7: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the Governor of the State of Alabama; If he approve he shall sign it, but if not he shall return it, with his Objections or Vetoes to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it.
If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases, the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively.
If any Bill shall not be returned by the Governor within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Legislature by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the Governor of the State of Alabama; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be re-passed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8: The Legislature shall have Power To lay and collect Taxes; to pay the Debts and to provide for the common Defense and general Welfare of the State of Alabama; but all shall be uniform throughout the State.
To borrow Money on the credit of the State of Alabama;
To regulate Commerce with foreign Nations, and among the several States,
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the State of Alabama;
To provide for the Punishment of counterfeiting the Securities of the State of Alabama;
To establish post Roads;
To constitute Tribunals inferior to the State supreme Court;
To define and punish Piracies and Felonies committed on the highways and waterways of the State;
To provide for calling forth the Militia to execute the Laws of the State of Alabama, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia; and the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress of the United States of America;
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.
Section 9: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
The right of citizens of the State of Alabama to vote shall not be denied or abridged by the State or any of its subdivisions on account of race, color, sex, or previous condition of servitude, or denied or abridged by reason of failure to pay any poll tax or other tax
The State Legislature shall make no law abridging the privileges or immunities of citizens of the United States; nor shall any State subdivision deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the most recent Census presented to the Congress.
No Preference shall be given by any Regulation of Commerce to one person or group of persons over those of another person or group of persons..
No Money shall be drawn from the State Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title containing immunity from the Law shall be granted by the State of Alabama: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Legislature and Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
The State Legislature shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press to resolve those religious irreconcilables; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State of Alabama. The Legislature of the State of Alabama shall not make or enforce any law which shall abridge the privileges or immunities of citizens of the United States or the State of Alabama; nor shall the Legislature of the State of Alabama make law depriving any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
In Suits at common law, where the value in controversy shall exceed twenty-five hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Article the twelfth
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, nor delegated to the Legislature of the State of Alabama by this Constitution of the State of Alabama, nor prohibited by it to the subdivisions of the State of Alabama, are reserved to the people of Alabama.
Section 10: No subdivisions within the State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No subdivisions within the State shall, without the Consent of the state Legislature lay any taxes, and all such Laws shall be subject to the Revision and Control of the State Legislature.
Article. VI
(Submitted as a Revisison)
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid.
The Constitution of the United States of America, 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 the State of Alabama shall be bound thereby, any Thing in The Constitution of the United State of America or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives of the State Legislature, and all executive and judicial Officers of the State of Alabama, shall be bound by Oath or Affirmation, to support The Constitution of the United States of America, and The Constitution of the State of Alabama being not Contrary: but no religious Test shall ever be required as a Qualification to any Office or public Trust under the State of Alabama.
I agree with those who suggest that the reference to “Almighty God” be struck, not only because it’s bad from a policy perspective but also because it potentially risks running afoul of the First Amendment’s Establishment Clause. While clauses like these may appear in other state constitutions, I don’t know if they’ve ever been subjected to legal challenge or not.
We ought to elect the Judges, so there is some accountability, or there ought be term limits. How did we get a Supreme Court for Life anyway, look how that’s turned out with 50 million babies butchered by abortionists.