Notable features Constitution of Alabama

the length , chaos of current constitution both product , result of determined centralization of power in state government dating late 19th century under white democrats. in addition, because of challenges populists in 1892 , 1894 elections, democratic party intended reduce suffrage in order establish own dominance; appealed people in north alabama, had supported populists, on grounds of white supremacy. democrats raised negro issue , promised no white man lose franchise . in alabama, new constitution remove [from voter registration rolls] less educated, less organized, more impoverished whites - , ensure one-party democratic rules through of 20th century in south. glenn feldman documented that, 1941, more whites blacks had been disenfranchised under constitution.

the 1901 constitution intended curb executive power , make hard raise taxes . in practice, has resulted in state legislature having extensive authority on counties, cities , towns. counties have go legislature—and ipso facto uninvolved parts of state—to basic policy , financial laws passed, fail support of full legislature. county legislative delegation has decided local matters during decades.

the legislature s power strong during first half of 20th century, , heavily biased in favor of rural interests. originally, state s 67 counties doubled legislative districts. each county elected 1 senator , @ least 1 representative. county s senator in powerful position, given county legislative delegation decided local matters. lower house apportioned based on each county s population, took more 60 years before state house reapportioned after national census, although constitution had called take place each decade. vast differences in population between urban , rural counties through decades resulted in rural areas being grossly overrepresented, giving them outsized influence on state affairs. result of several federal court decisions in late 1960s mandated principle of 1 man, 1 vote , legislature required reapportion every decade.

even these changes, legislature still has great powers on local government, , devotes considerable time local issues. buildup of defense industry , regional needs during world war ii in birmingham , area, jefferson county afforded limited home rule in 1944. limited home rule has since been granted 6 other counties—lee, mobile, madison, montgomery, shelby, , tuscaloosa.

all other counties must lobby local legislation committees of state house , senate pass local ordinances, making passing simplest local laws tedious process. county councils or commissions elect members at-large voting, dilutes political power of significant minorities , limits ability elect candidates of choice.

the constitution addresses many issues dealt statute in other states, notably taxation. unlike states, large portion of alabama s tax code written constitution, necessitating amendment on minor tax issues. prevents local governments passing ordinances on taxation. although home rule counties can pass ordinances on tax issues, authority limited. instance, jefferson county cannot pass ordinances related property taxes. according new york times, alabama s tax code 1 of regressive in nation.

adding problem requirement constitutional amendment must submitted statewide vote if not unanimously approved legislature. has resulted in amendments relating local counties , municipalities being overwhelmingly approved in affected areas, rejected statewide.

racial discrimination

in 21st century, document has been heavily criticized discriminatory elements, many of have been made moot amendments federal constitution, passage of federal laws, or united states supreme court decisions. result, not enforced, either because known unconstitutional or deemed unconstitutional in court.

at beginning of twentieth century, president of constitutional convention, john b. knox, stated in inaugural address intention of convention establish white supremacy in state , within limits imposed federal constitution (day 2 of 54). convention following model established mississippi, 1890 constitution had survived federal court challenges.

section 181 required voters pass literacy tests in order register, while section 180 grandfather clause, creating exemption had served in military, or descended veteran. slaves had been prevented serving in military, freedmen , descendants not take advantage of clause. section 194 required payment of 1.50 usd poll tax (worth approximately 37.74 usd cpi). according historian glenn feldman, 1940 cumulative poll tax had disenfranchised more poor white voters blacks, although both groups excluded political system. these provisions invalidated voting rights act of 1965, provided federal oversight , enforcement of constitutional rights suffrage.

the state constitution outlawed interracial marriage (section 102). provision rendered inoperative loving v. virginia (1967), not removed until 2000 amendment 667.

the constitution contains original requirement public education racially segregated in state. section 256 states separate schools shall provided white , colored children, , no child of either race shall permitted attend school of other race. provision struck down united states supreme court ruling in brown v. board of education in 1954 segregation of public schools unconstitutional, , has not been enforced since 1960s. in 1956, following supreme court decision, legislature passed constitutional amendment stating state did not guarantee public education state s children. supported formation of private schools evade desegregation. in 1991, state district judge ruled amendment ran counter federal constitution. state supreme court threw out underlying case in 2002, did in manner left status of 1956 amendment unclear.

critics continued existence of segregationist language embarrassment state in 21st century. in 2004 , 2012, ballot measures put before electorate remove segregationist language constitution. 2004 proposal narrowly defeated fewer 2,000 votes, due objections conservatives saw plot raise taxes .

a constitutional revision commission organized , issued proposal in 2012 vote on amendment related education issues. intended delete original text mandated segregated schools. however, due manner in amendment worded, have definitively reinstated 1956 amendment ended guarantee of public education. result, opposed both alabama education association, , many black leaders. both claimed 1956 amendment endanger future legal challenges state’s school financing structure, substantially worsening inequality while cosmetically addressing deleting racist language segregation. observers believed bipartisan commission had chance of success because barred changing tax code . but, amendment 4 defeated.

section 177 denied women right vote confining voting rights male citizens . rendered unenforceable 19th amendment u.s. constitution, provided suffrage women. however, remained in state constitution until amendment 579 substituted, contained no reference gender.

section 182 disqualified idiots , insane persons , persons married interracially or convicted of crime against nature (homosexuality) or vagrancy registering or voting.

size , local relevance

the state legislature has passed numerous amendments legislate issues apply 1 or few counties, can seen following examples:

bingo (amendments 386 , 387 in jefferson, further amended amendment 413 in montgomery county, amendment 440 in mobile county, amendment 506 in etowah county, amendment 508 in calhoun county,amendment 600 in madison county, amendment 612 in russell county, amendment 674 in lowndes county, amendment 692 in limestone county, , amendment 699 in morgan county, text of or same)
mosquito control taxes in mobile county (amendment 351), later amended amendment 361 remove single word (tangible), further amended amendment 393 expand other general health purposes long these purposes not take more 50% of collected money.
boll weevil taxes on cotton growers (amendment 449)
promotion of catfish (amendment 492), soybeans (twice, amendment 315 , amendment 401), cattle (twice, amendment 201 , amendment 452), poultry (twice, amendment 214 , amended amendment 428), swine (twice, amendment 327 , amendment 400), omnibus amendment peanuts, milk, , cotton (amendment 388), grain (amendment 453), sheep , goats (amendment 715), , shrimp , seafood (amendment 766).
dead farm animals (amendment 482) in limestone county, administered county commission
prostitution in jefferson county (amendment 688).
exhumation in madison county (amendment 520 county commission), see above entry dead farm animals in limestone county
forest fire tax levies in marshall county (amendment 439)
nuisance (amendment 497 in jefferson county)

the legislature has amended amendments correct language , legislate special taxation (see other sections more examples):

public debt on mobile county (amendments 152 , 363 on amendment 18)
promotion of madison county , huntsville (amendment 254 on amendment 191)
special taxation public healthcare in mobile county (amendment 248 on amendment 195)
taxation furtherance of education in jefferson county (amendments 248, 260, , 298 on amendment 175)
civic center bonds (amendment 280 on amendment 238)
fire protection , waste collection in jefferson county (amendments 314 , 369 on amendment 239)
use of gas taxes (amendment 354 on amendment 93)
mosquito control taxes (see above)
the state judiciary (amendments 328, 364, , 426 on original article vi, later amendments 580 , 581 made directly article , not previous amendments.
school taxes in huntsville (amendment 407 on amendment 218)
fire department districts in etowah county (amendment 445 on amendment 432)
the jackson city port authority (amendment 477 on amendment 465)
constitutional amendments deal 1 county (amendment 555 on amendment 425
the madison county judiciary (amendment 607 on amendment 334)
corporation taxation (amendment 662 on amendment 212)
fire/emergency services taxes in montgomery county (amendment 711 on amendment 551)
calhoun county school district taxes (amendment 720 on 291)
more fire protection taxes, time in dekalb county (amendment 728 on amendment 637)
court costs new russell county jail (amendment 736 on 507)
some reservoir authority in fayette county, alabama (751 on amendment 538)
even more fire protection taxes, in pickens county (amendment 765 on amendment 649)
section 97 prohibits deceased officials receiving salary.




^ joseph h. taylor, populism , disfranchisement in alabama , journal of negro history, vol. 34, no. 4 (oct., 1949), pp. 410-427 (subscription required)
^ glenn feldman, disfranchisement myth: poor whites , suffrage restriction in alabama, athens: university of georgia press, 2004, pp. 135–136
^ ala. racist language measure draws unexpected foes , npr, 2 nov 2012
^ cite error: named reference home invoked never defined (see page).
^ cite error: named reference alconst invoked never defined (see page).
^ using http://www.measuringworth.com/uscompare/ 1.50 1901 dollars in 2007
^ amendment 4 fails, racist language stays , alabama.com, 7 november 2012