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The Alabama Citizens for Constitutional Reform (ACCR) Foundation is in the public comment phase of its Mock Constitutional Convention initiative and asked Doc’s Political Parlor to collect feedback. To give your suggestions on how to improve what the delegates have drafted so far, simply read the draft here, click through to the various articles, and enter your suggestions in the comments below each article. The delegates will take the comments provided by midnight on July 7 and create a final version that will be unveiled on August 27 at the Constitution Village in Huntsville where Alabama wrote its first state constitution.
Mark Berte, the Grassroots Education Director of the Alabama Citizens for Constitutional Reform (ACCR) Foundation, explains to the Parlor that this project is intended to show that a convention of delegates can create a better document than Alabama’s 1901 Constitution—which is our state’s current and sixth governing document. (That is why they set the deadline for public comments on 7/7—in honor of the state’s seventh constitution.) Delegates throughout the state—one representing each of the state’s 105 house districts—convened two sessions this spring working a total of five days instead of the 90 days a real convention would take to complete its work.
If you have questions or need more information about this education initiative, please contact Mark Berte, ACCR Foundation’s Grassroots Education Director, via email at Mark at constitutionALreform.org or ring him up at (205) 266-3371.
Click to read the draft constitution created by the Mock Constitutional Convention.
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Danny:
Did they provide some sort of a opening statement or general explanation of the difference between 1901 and this one? What about a make-up of the delegates?
Danny’s comment goes right to the root of things. The problem isn’t that a group of reasonable people can’t come together to produce a decent Constitution, but rather that the delegates for a real convention won’t be reasonable people. Many will be representing one or another special interest.
The feeding frenzy will start the moment qualifying opens for delegates. Special interests will sponsor candidates, supporting them with money. The result won’t be a group of people interested in making the Constitution better, it will be a group of people each trying to get their pet project (and maybe their general political philosophy) embedded into the new Constitution.
And that will be a disaster.
Would wibble about some things, but am willing to accept the continued existence of constables if state revenue is unearmarked and a sorta ban on double dipping.
As far as getting a general political philosophy embedded and interests protected, isn’t that why the Magna Carta (and other documents) was signed?
But what interests will be incorporated into the new document? Would it be an affirmation of freedom and continue to limit the power of government? Or would it increase the power of government over every aspect of our lives. For example, right now it’s hard to raise property taxes, because they have to face a vote of the people. That would be a target, and it would go away… result: property taxes through the roof.
There are others, as well. There is no telling what the document would look like, but it’s likely to be worse than it is now.
The problem is that, with 105 delegates, you’d 105 different agendas. The resulting mishmash would be… chaotic.
Matthew, by your logic there should be no US Constitution, state constitutions, or any other constitutions because the framers would disagree! That is an incredibly weak argument. Are you arguing that prior to 2009 any time individuals gathered to craft a governing document that they were 100% virtuous and free of evil special interest influence, but in the year 2009 (and presumably every year henceforth) it would be impossible for people to put together a constitution?
Would it be amicable? Hell no. It would be a knock down, teeth on the floor brawl. But it would ultimately be a document of the people and would have to be ratified by the people.
My 100 mile skimming of the document shows a constitution that is essentially the same as the 1901 was when it was first ratified (ie before amendments started to be added).
It bans double-dipping.
Establishes a legislative pay commission (governor, senate pro tem, speaker, AG, and chief justice).
Keeps legislative immunity.
Reduces statewide elected offices to Gov, Lt. Gov, and AG.
Strengthens the gov’s veto by requing 2/3 vote for override.
Grants line-item-vetos to gov.
Don’t worry…gov still commands militia.
They sneak a provision in there (Art V, Sec 22) that says there will be a call for a constiutional convention every 20 years.
Establishes a judicial compensation committee (appointee of gov, appointee of lt gov, appointee of speaker, and 2 appointees from the Bar Assoc)
Grants significant local rule.
Again, those were the big changes I could see just by glancing at it.
Brian, I make no such claim. However, I recognize the current polarization of our country, and the current idea that government should solve all problems, and recognize that the pressures on a convention today would be much different from those on a convention 230+ years ago.
You may disagree, and I gather you do disagree. (shrug) It is your right.
I would urge all to read this very insightful piece by one of the best writers in Birmingham.
http://www.bhamweekly.com/2009/05/27/constitution-reformers-should-pick-a-better-target/
I had an old Pontiac years ago. The AC didnt work right, the driver’s seat was broken,the paint was faded, and the engine knocked constantly b/c I forgot to “check the oil”. Anyway, it wasnt pretty but I kept driving that thing until it wouldnt go any further. Point is, the way the Government conducts business under the 1901 Constitution aint pretty, but until it stops I just dont see the benefit in gettin under the hood and messing with it, or “buying” a new one.
Therm – thanks for the link – outstanding article.
This is a total waste of time and effort. It is a simpleminded power grab. No provisions for recalling
elected selfserving officials; convicted felons would be eligible for public office; yearly salaries for part time public service; and the list goes on and on.
The legislature needs to obey Section 85 of the present Alabama Constitution.
It seems that Matthew, James, Stand Up, and Mike like having Alabama at the bottom of the heap. They like polluted air and water, having one of the worst K-12 education systems in the country, having Birmingham be the shooting gallery of the US (#5 in murders), having the most racist and backward constitution probably in the world (Iraq’s new constitution is heads and shoulders better than the AL 1901), and having so many of our agencies that attempt to do economic development being so opaque to the public that there is no way to trace the money. This is just a short list of the cost of the 1901 constitution. And basically, Matthew does not believe in a democratic society. He prefers to have a small, powerful group control things for us.
Or, maybe these folks just didn’t read the new draft constitution or are not familiar with the amended 1901 that we live under. Whatever, these opinions are exactly why Alabama will remain near last in most things and will remain a backward place with backward thinkers. You’re entitled to your opinion and you’re entitled to hold your state back … forever, if you like. Too bad you didn’t live 110 years ago. Assuming you’re all white and well off, you’d have been very comfortable with the situation in 1901.
Alabamians desperately need home rule. As long as our 67 counties are tied to special interests in Montgomery, our state will continue to half-drown in the backwaters of progress as we have done since the Civil War.
I have a few problems with this document, some substantive and others merely suggestions regarding grammar and structure.
The most substantive objection I have is to the invocation of the power of “Almighty God” in the preamble. While recognizing the impact that religion (specifically Christianity) has had on the State of Alabama and its history, I find this to be in conflict with Article 1 Section 3. To use the term “Almighty God” rather than a more generic term (like “creator” as used in Section 1 of the same article) seems to me to be an establishment or endorsement that is prohibited by this document.
Other problems I have are merely structural. I believe that Section 11 of Article 1 should proceed Section 9 insomuch that I think that the right to a trial by jury should be established before the state’s right to dismiss that jury.
Finally, I merely have a stylistic disagreement with the title of a section being longer than the section itself and referring to things that are not explicit in the section, as is true of Section 21 of Article 1.
However, I also have several notes of praise. The inclusion of the explicit right to privacy is very important to me. As is the inclusion of expanded home rule and the extension of habeas corpus as a “right” rather than the debatable usage of the word “privilege” in the US Constitution.
Nice rhetoric, Eric. Spectacularly biased and innacurate, but you did it so well.
Name me one change you’d like to make to the Alabama Constitution that couldn’t be made by passing amendments one at a time.
Eliminating all the issues that COULD be solved that way, the only one I see remaining is the “look how many amendments it has!” argument. Pretty small gains for such a massive political risk.
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 monied interest of such security?
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.
THE PREAMBLE AND THE BILL OF RIGHTS
The Preamble of the Constitution of the United States of America establishes the new Covenant as our form of government. The Constitution provides 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 our 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.
These mistakes in structure collude the three branches by a democracy. Without a specific check on the democratic parts of government neither a man’s natural liberty nor his property are secured; but for the interest that controlls the passions and fear of the people. Existing capitals only control the economy and the distribution of wealth: laissez-faire markets, markets not of preference from the evils of democracy, can not exist.
Section 14. Election of judges.
All elected judges shall be elected by vote of the electors within the territorial jurisdiction of their respective courts. … The legislature shall provide for the selection of justices of the supreme court and judges of the court of criminal appeals and the court of civil appeals by either a non-partisan public election, without designation of any political affiliation or by merit selection with retention election, on a non-partisan basis, without designation of any political affiliation…
Section 16. Tenure of office.
(a) The term of office of each judge of a court of the judicial system of this state shall be six years…
“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
“The evils we experience flow from the excess of democracy. The people do not want virtue; but are the dupes of pretended patriots.” Gerry, May 31, page 48
“He admitted that we had been too democratic but was afraid we sd. incautiously run into the opposite extreme. We ought to attend to the rights of every class of the people. …to recommend such a system of policy as would provide no less carefully for the rights and happiness of the lowest than of the highest orders of Citizens.” Mason, May 31, page 49
“…to be exempt from the passionate proceedings to which numerous assemblies are to be liable. …in tracing these evils to their origin every man had found it in the turbulences and follies of democracy: that some check therefore was to be sought for agst. this tendency…” Randolph, May 31, page 51
“He was for offering such a check as to keep p the balance, and to restrain, if possible, the fury of democracy.” Randolph, May 31, page 58
Article IV, paragraph 4 of The Constitution of the United States guarantees to each state and local government a check on the democratic part. Otherwise men who do not scruple in their ambitions and avarice for economic or moral causes will suppress the many for their benefit only. The process of “Advise and Consent”, Article II, Section 2, paragraph 2, provides the democratic part of appointment. The Senate confirms the Executive’s choice therefore ensuring that the duties of the sovereign accepted by the People as stated in “the Preamble” are understood. A Justice’s tenure is based on “keeping the sovereign People faithful to the Preamble and to the Enumeration” submitted to “Conventions of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification; …”. September 17th, 1787
Be sure to watch Senator Sessions try to disclaim the above beginnng July 13th.
I don’t know whether to be amused or disturbed by those readers here who are focusing like laser beams on the particular language of the document. No, it isn’t perfect. But so what? You are losing sight of the whole purpose of this project, which was to demonstrate that this can be done.
Matthew, while I respect your opinion, I’m a bit confused by your arguments. One, you say the current constitution ensures that Alabamians have to approve tax increases. Do you really think they would approve a document that took away that power? Two, you say powerful special interests would bankroll candidates to control the convention and railroad the process. But then you say the 105 delegates would all have different agendas, and the result would be a “chaotic” “mishmash.” (By the way, Matthew, if you’re concerned about delegates, would you be willing to run to be one?) Then, you defend all the shortcomings of the current constitution by saying they can all be fixed by amendments. But you admit the shortcomings of the current constitution, which makes me think that you are just more enamored with the amendment process than the actual organic document it changes.
And about those amendments: Doesn’t that say something about the organic document when it is so riddled with shortcomings that literally hundreds of amendments are required to fix it?
Stand Up, the Pontiac analogy was cute, but it was entirely inaccurate. You needed to list 794 other problems that existed but allowed you to keep driving for that analogy to work.
Actually, it shouldn’t have been a Pontiac … it should have been a Model T … and I’m not sure that automobile had 798 parts in total that could fail in the first place.
Anyway, I have heard all these arguments against reform before — property taxes “through the roof!!” Special interests will RUN AMOK!! I addressed them in a column earlier this year: http://www.oanow.com/oan/news/opinion/jennifer_foster/article/jennifer_foster_shelby_can_be_powerful_agent_of_constitutional_change/60548/
Yes, pressures in a modern convention would be heightened. But so would transparency, oversight and accountability. Sure, special interests would try to influence the process. But how would that be anything different than what goes on every spring in Montgomery?
Actually, it would be different, because more average Alabamians would be involved in the convention than in what goes on in the Legislature.
Speaking of Montgomery, I still haven’t been able to find any elected officials who oppose the convention who can explain why apparently they trust the people enough to elect them to serve, but not enough to do this. I guess even they privately acknowledge what a condescending, insulting argument that is.
The bottom line is that a convention would give every Alabamian who wanted to participate a chance to have a hand in the process. If you wanted to get in there and defend privacy or object to the phrase “Almighty God,” Terry, you could. Matthew, if you are concerned about property taxes, you could make your case about it. Mike, if you wanted to lobby for a recall provision, you could. I think you would find an ally in Don, who wants initiative and referendum.
You guys are making the point about why we need this convention. Let’s get our heads together and pore over all these ideas. Let’s listen to each other. Let’s find out what works.
But whatever you do, please, stop fearmongering. It’s the only thing around that is as old and stale as the 1901 Constitution of Alabama.
I appreciate that sentiment very much Jennifer. I myself would be more than willing to participate in a convention and I know that our state is in drastic need of major reforms, the kind that I believe to require a new constitution. I just think that we need to be ambitious but not too ambitious for this project.
Let me explain. There are many problems in this state that I believe could be solved by writing a new constitution. Everything from our tax structure, to home rule and many other points. However, my fear is that by being too ambitious we might also include some things that are more debatable than they are worth. I would hate to risk the failure of the document and the effort as a whole over something that could be (and yes I am about to say this) added on as a smaller amendment afterward.
This is exactly what the Founding Fathers did with the US Constitution. They wrote a document that made all of the necessary changes and that most people could be happy with, but they came back with some amendments right of the bat to add in other things that were vital and important. I just think it would be prudent to exercise similar caution in a case like this.
PREAMBLE: 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: [Left out the common defense: JUSTICE from harm by others having by democracy LAW]
ARTICLE I: DECLARATION OF RIGHTS: Section 1. Equality of rights. ALL PERSONS ARE EQUALLY FREE AND INDEPENDENT; they are endowed by their Creator with certain inalienable rights; and among these are life, liberty, and the pursuit of happiness; every person enjoys the right of privacy, which shall remain inviolate; and no person may be deprived of these rights without due process of law nor be denied the equal protection of the laws. [Requires Justice over democracy]
ARTICLE I: DECLARATION OF RIGHTS: Section 2. People source of power. All political power is INHERENT IN THE PEOPLE, AND ALL FREE GOVERNMENTS ARE FOUNDED ON THEIR AUTHORITY AND INSTITUTED FOR THEIR BENEFIT; and, therefore, they have at all times an inalienable and indefeasible right to change their form of government in such manner as they may deem expedient. The people have the right of reasonable access to the meetings of all public bodies in this State and to the official writings of all public officials and employees [Sovereign DUTY is not the same a People with DEMOCRACY]
ARTICLE I: DECLARATION OF RIGHTS Section 32. Marriage rights. The right of individuals to marry under the terms and conditions set by THE LAW shall remain inviolate.
[Requires Justice over democracy. Could contradict Section 3. Religious freedom. No law shall be enacted respecting an establishment of religion…]
ARTICLE I: DECLARATION OF RIGHTS Section 35. RIGHTS NOT LIMITED BY THOSE GUARANTEED BY THE UNITED STATES CONSTITUTION. Rights guaranteed by this Constitution are not limited to, or dependent upon, those guaranteed by the Constitution of the United States. [The Sovereign people ratified in conventions their Constitution over the State and Federal Governments–1787. Only ignorance and democracy could have abridged a Right]
ARTICLE XI: PUBLIC OFFICERS Section 5. Oath of Office. All members of the legislature, and all officers, executive and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath or affirmation:
“I, . . . , solemnly swear (or affirm, as the case may be) that I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. SO HELP ME GOD’.” [The people in 1787 determined that the “God” part is actually optional but not required]
ARTICLE II: DISTRIBUTION OF POWERS OF GOVERNMENT
Section 2. Separation of powers. In the government of this state, except in the instances in this Constitution hereinafter expressly directed or permitted, each of the three departments shall exercise only the powers confided to it to the end it may be “A GOVERNMENT OF LAWS AND NOT OF INDIVIDUALS.” [The PREAMBLE requires JUSTICE]
ARTICLE XII: IMPEACHMENT Section 4. Judges. The removal of a judge is subject solely to the provisions of the Judicial Article, contingent on the continued mandate under this Constitution that judges are elected to office by popular election. IN THE EVENT THAT ALL JUDGES OF THE STATE ARE APPOINTED WITHOUT THEIR POPULAR ELECTION, then such judges shall be subject to the provisions of this Article as an alternative means of removal to those provided under the Judicial Branch Article. [Without appointment, advise and consent, and tenure and compensation separate from Democracy; Constitution is futile.]
ARTICLE XIII: AMENDING THE CONSTITUTION Section 3. Constitutional Convention (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. [Constitutional amendment must be by three quarters of the People. Too much legislation has been incorporated into the Mock Constitution. Legislative amendments may be by majority or by two-thirds].
The Anti-Federalist demanded a Bill of Rights. They wanted certain details in writing. So that men with NO scruple would know where to draw the line, else their machinations by democracy might end in ruin. In Alabama we call those machinations the LAW. Just recently, the democratic machinations of those with no scruple worked just fine: we, the many, got harvested for a third time in twenty years.
However, the Founder Delegates understood their Preamble to be for a laissez-faire commercial republic of a sovereign People having accepted as their own the DUTY of the sovereign. A Bill of Rights was seen as unnecessary, and to be ignored by the State democracies anyway. Have we not performed just as they expected?
“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”
These statements are of the enlightenment political economists that created the foundations for our republic, if we can keep it. They explain our DUTY, NOT our RIGHT, pretty well.
Do not be offended by the lack of God in the Constitution, the Founders understood quite well “by the grace of God”.
The first amendment was more to quite the passions of irreconcilable mysticism that would divide and destroy us from within, than to be a Religious freedom act. Since religion was neither restrained nor mentioned, it is retained by the People as an individual right to never have LAW imposed pro or con. Speech, press and peaceful assembly are the means of resolve for those differences, and not to be lessened in resolving our irreconcilables. At least that is its GRAMMAR.
The Constitution of the United States is the constitution of us each: learn it and use it. The Mock Draft shows an intellectual void in what we established for ourselves by ratification in 1788, and a continued rejection to American Constitutionalism by the people of Alabama.
American Constitutionalism is about laissez-faire capitalism in which preference to the competitive forces of commerce are not favored upon a few by democracy. In Alabama, preference in commerce seems to be the only concern of its representative democracy.
“…our state’s current and sixth governing document. (That is why they set the deadline for public comments on 7/7—in honor of the state’s seventh constitution.)”
The “supreme governing document is the first, “The Constitution of the United States of America”.
The People ratified it, in conventions called by the State legislatures in 1788. This is an essential “due process” deemed necessary by the delegates at the Federal Convention of 1787.
The people established the security of their natural liberty and in the blessings forth coming.
Article I, section 8, gives to the federal government what the states and the people would be incapable or incompetent. [Since the ratification, the States and the people have surrendered to the federal government the "duties of the sovereign" that they are unwilling to take responsibility.]
Article I, section 9, states those rights that the People may not deny or take from each other.
Article I, section 10, list those rights that the States may not execute independent of the federal: piracy, issuing worthless script to trade as currency, etc. [The States have done both during the last eight years.]
The Bill of Rights further enumerates Article I, section 9, for the most part. Madison wanted to insert them directly. That did not happen.
The people, cities and, the counties require a “section” that gives to the state government what they would find themselves incompetent or incapable of executing efficiently and effectively consistent with their DUTY as the Sovereign.
Section 9 and the Bill of Rights stand on their own as supreme to the land: that includes Alabama.
Constitution is a document in the abstract, not a legislative document that lists the transient details of administration. The Judicial Section of the Mock Draft is a classic example of that confusion.
Get the abstract that establishes the independent jurist, a government based of the rule of law, JUSTICE as required by our sovereign duty [refer to the Preamble], not the machinations of democracy. Provide the authority for lower courts to the legislative arm: the needs of society change and are left to the arm that can respond. Rights do not change. The Constitution is where they a secured for all, not just by the transient fear and will of democracy. Essentially follow Article III of the Constitution of the United State adapted for the State.
Once the abstract puts in place the Constitution of the United States and therefore of the State, cut and paste the current document into legislative acts of the date of the New Constitution. The People will then go to work correcting the legislations of the past: the currently favored process of the legislators; they have some good points regarding the due process issues. Clarity of Preamble and the Due process of the Independent Jurist in the State Supreme Court will foster for the State “an exact administration of justice” making possible the laissez-faire economics of free market capitalism currently preached, but NOT practiced.
Jennifer is 100% correct…this process is exactly what our state needs and the arguments against are not well thought out or defensible. It’s all about fear instead of reality.
The reality is this can be done, and it should be done. A new constitution for a new era in Alabama.
I think the Executive branch needs to continue to include a sheriff for each county. Having sheriffs in the Executive Branch allows them to be held accountable through the impeachment process. Just my two cents.
The arguments for a new Constitution do not address the corrections to or lack of theory behind the old constitutions of Alabama. The issue is whether Alabamans are ready to become American Constitutionalist. The issue is whether they are ready to understand that they have the security necessary of a free society in the Constitution they ratified in 1788: a Constitution that secures them from oppression by any intermediate or central government.
The form of government defined by the Constitution of the United States of America, ratified by the People as their own, in Conventions called by the state legislatures in 1787 is a compound federated philanthropic commercial Republic. Understanding what we have may actually make it true some day. Where any man can accumulate an independent capital and decide to continue productive employment in commerce or choose philanthropy and to employ his capital unproductively assured that the banking system will stay in tact.
THE LAW OF NATURAL LIBERTY:
“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
ARTCILE I, SECTION 9, paragraph. 6: “No Preference shall be given by any Regulation [of Commerce or Revenue to the Ports] of one State over those of another; …”.
DUTY OF THE SOVEREIGN (PEOPLE)
“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”
PREAMBLE
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.
[Replace a DEFINITION with its WORD – accept the three duties of sovereignty as our own]
LEGISLATIVE, ARTICLE I
(Delegation and Constraints of Power)
Constitution is the securing of natural liberty for all and for delegating the powers of government based of competence, capacity, and willingness of the responsibility. Administrative details by acts of the legislatures and Congress are for representatives. Section 8 delegates to the central government what the states or the People would be incompetent or without the capacity to perform.
Section. 8. The Congress shall have Power To…
Section. 9. (Partial Bill of Rights. What The People may not take from or deprive each other)
Section. 10. No State shall…
JUDICIAL
What the States have made Law contradictory to what they ratified as Constitution to secure their liberty in 1788 the Supreme Court is obligated to reverse. The jurist tenured by Constitutional fidelity provides the necessary check on the passions, fears, and prejudices within a representative democracy by holding constant “the Republican Form” of government established by “the People” in conventions called by the legislatures in 1788.
ARTICLE III
Section 1: The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
Section 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
ARTICLE IV, Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government,
ARTICLE VI, paragraphs 2 and 3: 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.
SUMMARY
Only four or maybe five of the States have the Republican Form as prescribed by the Constitution they ratified in 1788. The forty-five or so representative democracies nullity whatever securities might have been achieved earlier for the least virtuous among us ONLY. The evil, the fury, the excesses of democracy will continue without restraint until we understand that what we agreed upon in 1788 is NOT what we practice.
Amazingly, everyone I talk to wants the same thing, except there is a lack of understanding about what exactly was left to us by a group of thirty-seven in 1787 when it is exactly what we wish, but also wish to fix when it is NOT broken.
I have now read and studied the draft for a few days, and believe it to be a big step in the right direction. It is a remarkably good product by Citizens from across Alabama, and it will benefit from additional informed discussion by Citizens.
I also wanted to better understand the meaning behind the words in the 1901 document, so I read it, and then read the minutes of the 1901 Constitutional Convention. When I went back to the 1901 Constitution document and its wording, surprise—it flows in large part from the Convention rhetoric and its recorded attitudes. Thats when I realized I truly didn’t understand life in late 19th Century Alabama, so I read more history books.
Along the way, I happened to read a 2009 Pulitzer Prize winning book, “Slavery By Another Name” and was drawn to the 19th century Alabama content in it. It filled in huge holes in my knowledge of and details about how and why State government operated across the state and its counties prior to (and after) 1901. It provided factual insights into how the attitudes of the day shaped the words of the 1901 Convention and its product, the Constitution we live under today.
I concluded it isn’t just a constitutional document we argue about, or if the Legislature will ever vote to replace it, it is about whether the documented attitudes of 1901 are relevant and appropriate to the 21st Century Alabama.
I also realized that the 1901 Constitution is working just the way its 19th Century framers wanted it to work, to be chokingly restrictive, indeed, prescriptive in detail in may ways. It locks things down the way the powers of the day wanted them to be. It’s why Ethics Reform will not pass the Legislature. It’s why Legislators are incapable of giving up 1901-type power to counties or citizens, or to the other branches of State Government.
I’m no longer satisfied with all that. I want fundamental reform from the top down. I want a new Constituion to replace the embedded attitudes found in the words and framework of governance of the 1901 Constitution.
If we collectively want a Constitution with embedded attitudes instead of broader horizons in it, I for one want 21st century attitudes in my new State Constitution, not 19th century ones.
It’s time.
There is One message that keeps surfacing every 2000 years or so.
THE LAW OF NATURAL LIBERTY:
“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 FIRST DUTY OF THE SOVEREIGN
“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 NEW COVENANT
Article III, the Judiciary, puts in writing a check and balance on what the founders recognized as public enemy number one: the excesses and the evils of democracy without constraint; the passions, fears, and prejudices of the People.
Article III: All Constitution writing should be general and in the abstract.
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 wimple 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
Therefore, I submit an alternative form of Article III, the Judiciary.
Article. III.
Section. 1. The judicial Power of the State of Alabama shall be vested in one supreme Court, and in such inferior Courts as the State Legislature may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under The Constitution of the United States of America, the Laws of the United States, and Treaties made, or which shall be made, under their Authority, and to the Laws of the State of Alabama; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State [Modified by Amendment XI]; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State subdivision shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the State Legislature shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State subdivision where the said Crimes shall have been committed; but when not committed within any State subdivision, the Trial shall be at such Place or Places as the Legislature may by Law have directed.
Section. 3. Treason against the State of Alabama shall consist only in levying War against the State, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Legislature shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
SUMMARY:
Leave the exact structure to the People through their representatives. Remember that time and events alter the detail but do not alter the essential security of our liberty. Section 2 will require more learned legal scholars, there being any available and willing to speak up for fear of the democracy, but it might work with out their help.
The principles from Edmond Randolph apply to all articles of constitution.
The People of the United States in the general do not understand that the Constitution of the United States of America secures their liberty, not only from federal oppression, but also from any intermediate government established between their feet and the Federal Central Government. Until we understand and demand, nothing will change.
Please excuse a spelling issue in the last post.
While “wimple” is probably a word, Edmond Randolph did not use it. He used the word “simple”.
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.
Am I the only one thinking that ARTICLE I, section 35 is a statement refuting the legitimacy of The Constitution of the United States of America in the way we conduct ourselves in the State of Alabama.
Please read the excerpt from the United States Constitution.
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.
In addition, Article I, section 36 covers the ground of concern; unless the right to deny others their inalienable rights by democracy is the Right we give up with a real constitution consistent with the one we pretend to give allegiance.
I am sorry, but Article I, sections 32, 33 and 34 show want for further research on Constitution versus law. A study of The Constitution of the United States, ARTICLE 9 and the Bill of Rights explain all these concerns. Enumeration in a State constitution can only act to divide the people into anarchy.
Anarchy is not the “republican form” guaranteed by Article IV, section 4 of the Constitution of the United States, though it might seem to be the Republican Party guarantee currently.
Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;
The republican form in this State should be no different than the form we secured for ourselves in Conventions in 1788 by ratifying The Constitution of the United States of America.
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.
I feel that the overall document addresses the need for reform in the state. I especially enjoy the provisions in the proposed constitution that provide home rule to local counties and municipalities. This will result in a better, more efficient means of establihing government by the people. The state of Alabama needs to adopt the concept of home rule in order to address local needs and let Legislators focus on issues that are more apparent to a majority of the state. This may lead to less “pork” being written into legislation and more action performed by legislators.
I was disappointed in article XI. It discriminates against state employees by not letting them serve in the legislature. How can you discriminate against someone because of where he works.
Earlier I forgot to mention my convictions regarding Article XI.I agree with Mr. Grantland. Article XI should be rewritten to allow state employees to serve in legislative positions. However, if a state employee is elected to serve as a legislator, the double-dipping should be highly regarded. I would possibly suggest that a person should first be paid through a contract for their services as an employee of the state for the period of time he or she is not in a legislative session. The time he or she is in a legislative session, then and only then they should be paid for their services as a legislator. If a special session of the Legislature were to be enacted, payment would stop as a state employee and payment would commence only as a legislator. Once the special session ends, payment as a state employee would continue and payment as a legislator would end.
Bob on June 25 in #28 describes the admirable process by which he arrived at his opinion of the need for a new consitituion and gives excellent expression to his arguments. They should be re-read by us all.
I also agree with #34 and its support for home rule for counties and cities.
Preamble
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
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 State subdivisions according to their respective Numbers, which shall be determined by adding 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 legislative 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 legislative 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.
Subdivisions 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 squares, as best possible allocated, following each census presented to Congress. The district lines will then over lay to the nearest geographical features to the lines of each square
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, other States and among the several Counties,
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; 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.
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 or Title of Immunity.
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. II.
The Executive Branch
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..
Article. III.
Judicial Branch
Section. 1. The judicial Power of the State of Alabama shall be vested in one supreme Court, and in such inferior Courts as the State Legislature may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under The Constitution of the United States of America, the Laws of the United States, and Treaties made, or which shall be made, under their Authority, and to the Laws of the State of Alabama; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State— between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State subdivision shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the State Legislature shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State subdivision where the said Crimes shall have been committed; but when not committed within any State subdivision, the Trial shall be at such Place or Places as the Legislature may by Law have directed.
Section. 3. Treason against the State of Alabama shall consist only in levying War against the State, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Legislature shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article. IV.
(Submitted as a Revision)
Section. 1. Full Faith and Credit shall be given to the public Acts, Records, and judicial Proceedings of every other State.
Section. 2. The Citizens shall be entitled to all Privileges and Immunities of Citizens of every other State. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Section. 3. New Counties may be admitted by the Legislature into this State; but no new County shall be formed or erected within the Jurisdiction of any other County; nor any County be formed by the Junction of two or more Counties, or Parts of Counties, without the Consent of the governing of the Counties concerned as well as of the Legislature.
The Legislature shall have Power to dispose of and make all needful Rules and Regulations respecting the State of Alabama; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State, or of any particular subdivision of the State.
Section. 4. The State of Alabama shall guarantee to every subdivision of the State a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the governing body of the subdivision, or of the executive of the subdivision (when the governing body cannot be convened), against domestic Violence.
Article V
Amendment
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.
Article. VI
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.
Article. VII
Upon ratification of a new constitution of the State of Alabama by three fourths of the Conventions held by the People with delegates chosen by the People of and in each of the Counties as called for by the Legislature, 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, an Omnibus Act of 2010, and any other deemed necessary for the transition from the 1901 Constitution by the due process of The Constitution of the State of Alabama dated Month Day, 2010.
Those opposing a new constitution may be sincere, but there are unwitting lackeys of ALFA, the big timber owners and the Christian Coalition-which bears scant resemblance to true Christianity. Above all we need home rule.
Those of you who are “afraid” of a new constitution need to understand just how horrible the current one is. The biggest fear expressed seems to be that a new constitution would somehow allow the government to raise taxes without a vote of the people. That would never get ratified. The current system for raising taxes is farcical. Yes, it includes a vote by the people — but currently, that means that the entire state gets to vote on local issues. AND those ballot initiatives do not even get on the ballot without the approval of Almighty Montgomery. Here’s an example of what’s wrong: A few years ago, there was an amendment on the state-wide ballot that would permit the city of Trussville (and ONLY Trussville) to raise property taxes to benefit its school system. The amendment passed by a comfortable margin in Trussville (meaning that the people who lived there voted FOR raising their own taxes, and no one else’s), but it failed state-wide. WHY should the rest of the state have ANYTHING to say about whether or not Trussville raises taxes for its schools??? That is a local decision, and it should be made LOCALLY.
But that is the LUNACY of the current constitution. WE NEED HOME RULE IN THIS STATE. Currently, we are all treated like slaves on a plantation owned by the legislature. THEY decide what we get to vote on.
HOME RULE means locally-elected governance. Please don’t let your fears destroy an opportunity to make life better for all of us! The only ones who do NOT want to see a new constitution in Alabama are the entrenched powers in Montgomery. DO NOT LET THEM STOP US FROM TAKING THEIR POWER AWAY!!!
Sorry for the all-caps, but this is SO important!! We need to be “allowed” to govern ourselves without Montgomery’s interference.
Just a few things.
Needed is a list of what leads to loss of the sovereign franchise. Conviction of any felony until pardoned seems implied. Why not make it explicit?
Consider adding “and duty” to the section about use of firearms to defend self and state.
Just a few comments about the constitution as I see it-too complicated as I waded through the different parts of the documents
offices for profit—I believe that all citizens should be able to hold public office. This seems to be a popular thing to be against “double dipping” but I disagree. Everyone else who is elected may not have their salaries paid from public funds but if they are a road contractor, they are receiving federal or state funds through contract–why is this not double dipping? Also, those persons who hold office still at some point vote on things that affect their business–this to me is the big problem as a conflict of interest. I favor a bigger choice of candidates to let democracy sort out the better candidates–not selectively restrict persons from holding public office or penalizing their source of income.
constitutional offices—I tend to disagree with the few offices for election. I think we are better off to have more elected offices. The power of appointment can become too great a concentration of power as we have seen in the transportation section. A diffusion of power to the electorate would be wiser–keep most of those elected offices.
judicial—we probably need to get away from the electoral process for judges with its high partisan base and funding extravaganzas.
local rule reform–we need to make sure that is “x” % of legislative bills are strictly home rule and do not need to spend several years making the state legislative circuit and unnecessary delay that this section transfers out as much of that as possible–with a protective mechanism for local citizens to complain and be able to either go quickly to court if there are improper actions (I have know this to occur at a local level with no citizen redress) or to be required to go to the Legislature. Keep the local officials honest as well!
I think recall at any level of government is important. I hear relentlessly, “we can turn over every 4 years if the voters think we are doing poor jobs”, but I think most elected people do not worry until the fourth year. An effective recall mechanism built in would help them listen.
On voting for taxes in the Legislature, I doubt if a simple majority will be acceptable to most people. They want some protection against poor actions and want to make sure education money for instance is used primarily for education and not sent off elsewhere after they have paid their taxes. Some higher level of passage might be helpful–but not the extreme levels suggested in comments (2/3 for interest–non starter). Possibly 55%–which would be high in most elections.
At any rate, you have produced a document which the Legislature has tried by any way possible to avoid discussing, with its concerns about special interests or any other excuse. The point simply made is that real people can make a document that most people can read and understand. It wil probably be worth the effort to shop this around as an education tool once it is finalized (again, some of my reservations are strong so it might be challenging to do that), and explain them–particularly how better life can function with citizen participation (democracy–emphasize, emphasize, emphasize).
This draft version does call for elections of judges, but it at least makes those elections non-partisan.
I propose Article I, Declaration of Rights, Sec. 3, Religious Freedom be amended as follows:
Begin after the phrase “to attend any place of worship;” and in front of the phrase “no religious test…”
nor to pay any tithes, taxes, and other rates for building or repairing any place of worship, or for maintaining any minister or ministry, NOR TO USE THE REVENUE OF THIS STATE, ANY POLITICAL SUBDIVISION OR AGENCY THEREOF DIRECTLY OR INDIRECTLY IN AID OF ANY PLACE OF WORSHIP, RELIGIOUS SECT, DENOMINATION OR ANY SECTARIAN INSTITUTION, INCLUDING SECTARIAN EDUCATIONAL INSTITUTIONS;
Added part in caps.
This addition is based on a phrase in the Florida Constitution, Sec. 3, Religious Freedom